Sixth Circuit· 2/12/2007

Gencorp, Inc. v. Olin Corporation

Citations

477 F.3d 368
67 Fed. R. Serv. 3d 539
37 Envtl. L. Rep. (Envtl. Law Inst.) 20042
64 ERC (BNA) 1001
2007 U.S. App. LEXIS 3102
2007 WL 437914

How courts have described this case

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

“[A] Rule 60(b)(6) motion is not a substitute for an appeal and, it follows, may not be invoked to resurrect a waived argument.”
“[S]ubsection 6 … applies only in exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule.” (cleaned up)
The “civil action” requirement is not jurisdictional because there is “no indication that Congress perceived this requirement as jurisdictional in nature.”
“A Rule 60(b) motion is neither a substitute for, nor a supplement to, an appeal”; “[f]or this reason, arguments that were, or should have been, presented on appeal are generally unreviewable on a Rule 60(b)(6) motion.”
discussing the intervening-change-in-law exception in the context of Rule 60(b)(6)

Source: CourtListener parenthetical corpus (CC0).

Judges: Sutton, Griffin, Cohn

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

41 cases in this archive are cited by this case; the 20 most cited are listed.

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