James Butler, Charlotte Butler v. Bobbie S. Pearson

How courts have described this case

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

• allowing the motion to be characterized as a Rule 60(b) motion because it states the elements of excusable neglect
• “concept of proportionality demands that plaintiffs not be unfairly penalized for negligence of their attorney”
• “Plaintiffs them selves suggest that an award of reasonable attorney’s fees would be a more appropriate sanction than dismissal. We agree.”
• Rule 60(b) relief should be liberally allowed to mitigate the impact of counsel’s neglect
• “[T]he concept of proportionality demands that plaintiffs not be unfairly penalized for negligence of their attorney. In these circumstances, we are persuaded that the drastic remedy of dismissal was disproportionate to the level of negligence shown.”

Source: CourtListener parenthetical corpus (CC0).