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· 5/8/2012

Maradiaga v. United States

Citations

  • 679 F.3d 1286
  • 82 Fed. R. Serv. 3d 503
  • 2012 WL 1581334
  • 2012 U.S. App. LEXIS 9334

How courts have described this case

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

  • stating that “issues not raised in the district court in the first instance are forfeited,” and “district courts cannot concoct or resurrect arguments neither made nor advanced by the parties”
  • explaining that a party appealing the denial of a Rule 60(b) motion “must demonstrate a justification for relief so compelling that the district court was required to grant the mo- tion” (brackets omitted)
  • “[I]t is well settled that issues not raised in the district court in the first instance are forfeited.”
  • to prevail on a Rule 60 motion, the proponent “must demonstrate a justification for relief so compelling that the district court was required to grant [the] motion”
  • “The employees of federally supported health centers are considered employees of the Public Health Service for whose negligence the United States may be held liable under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), 2671-80”
  • “It is not an abuse of dis- cretion for the district court to deny a motion under Rule 60(b) when that motion is premised upon an argument that the movant could have, but did not, advance before the district court entered judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marcus, Pryor, Siler

Read full opinion on CourtListener

Sourced 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.