Ronald W. Dowell, Administrator of the Estate of Jackie Lynn Dowell, Deceased v. State Farm Fire and Casualty Automobile Insurance Company

How courts have described this case

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

• holding that the district court did not abuse its discretion in denying a motion for relief from judgment based on a change in state law
• recognizing that a Rule 60(b) movant must make a threshold showing of “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances” (internal quotation marks omitted)
• finding that a voluntary, deliberate, free, untrammeled, and/or considered choice not to appeal does not constitute extraordinary circumstances under Rule 60(b)
• explaining that “voluntary, deliberate, free, untrammeled choice” not to appeal judgment or order will not provide basis for Rule 60(b)(6) relief (citing Ackermann, 340 U.S. at 200)
• affirming denial of Rule 60(b)(6) motion where basis for relief was subsequent change in law
• affirming denial of Rule 60(b) motion where movant “knowingly and voluntarily chose not to appeal the district court’s [underlying] decision”

Source: CourtListener parenthetical corpus (CC0).