Eskridge v. Cook County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that deliberate choice to litigate in state rather than federal court was not “neglect” under Rule 60(b)
• reasoning that reviving a dismissed case because of an attorney’s mistake “would only shift the burden” of error to the court and the defendant
• reasoning that reviving a dismissed case because of an attorney’s mistake “would only shift the burden” of error to the court and the defendant
• affirming the denial of Rule 60(b) relief where plaintiffs “explicitly asked for a voluntary dismissal”; having made that request deliberately, plaintiffs “could not claim that this dismissal resulted from ‘mistake’ or ‘inadvertence’”
• noting that relief from judgment is “extraordinary remedy”
• The test is “not whether the district court might have decided differently, but whether the court’s denial of the … Rule 60(b) motion was unreasonable.”

Source: CourtListener parenthetical corpus (CC0).