· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.