· 9/3/2010
Superior Seafoods, Inc. v. Tyson Foods, Inc.
Citations
- 620 F.3d 873
- 96 U.S.P.Q. 2d (BNA) 1668
- 2010 U.S. App. LEXIS 18454
- 2010 WL 3447753
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing fraud on the court under the savings clause from Rule 60(b) motions and other fraud claims, noting that “[r]elief through an independent equitable action alleging fraud on the court, then, is a truly extraordinary form of relief”
- reviewing denial of Rule 60(d) motion for abuse of discretion, as it “would [not] be appropriate to afford less deference to the considered judgment of the presiding court in the context of a later-filed [Rule 60(d) motion] seeking the same type of relief [as a Rule 60(b
- appeal from action seeking relief from a prior judgment under Federal Rule of Civil Procedure 60(d) is reviewed for clear abuse of discretion
- Rule 60(d)(3) relief is extraordinary form of relief, and is available only when it would be unconscionable to allow judgment to stand
- relief under Rule 60(d) is only available where it would be manifestly unconscionable to allow judgment to stand
- “The extraordinary relief afforded pursuant to Rule 60(d) is more difficult to obtain than relief that might be available through a timely Rule 60(b) motion, but it remains the same □ type of relief—relief from.an otherwise final judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Hansen, Melloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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