Jose Rivera v. M/t Fossarina

How courts have described this case

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

• citing, e.g., Rifkin v. United States Lines, 24 F.R.D. 122, 123 (S.D.N.Y. 1959
• “newly discovered evidence normally refers to evidence of facts in existence at the time of trial of which the aggrieved party was excusably ignorant.”
• evidence of results of post-trial investigation was not newly discovered evidence because results did not exist at time of trial
• evidence that came into existence after the court’s judgment is not newly discovered evidence within the meaning of Rules 59 and 60
• timeliness of Rule 59(e) motion determined by the date it is served, not filed
• movant bears burden of establishing service of Rule 59(e) motion

Source: CourtListener parenthetical corpus (CC0).