Mary Hopper v. Euclid Manor Nursing Home, Inc.

How courts have described this case

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

• holding Rule 60(b)(6) “only should apply to exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule”
• noting that “a motion made under Rule 60(b)(6) is addressed to the trial court’s discretion”
• explaining that “[a] claim of strictly legal error falls in the category of ‘mistake’ under Rule 60(b)(1)”
• stating that parties cannot use Rule 60(b) as a substitute for an appeal
• stating that awards pursuant to Rule 68(d) are mandatory
• “A claim of strictly legal error falls in the category of ‘mistake’ under Rule 60(b)(1) and thus is not cognizable under 60(b)(6) absent exceptional circumstances.”

Source: CourtListener parenthetical corpus (CC0).