· 9/1/1977
United States v. Salvatore Cirami, Salvatore Cirami & Margaret Cirami
Citations
- 563 F.2d 26
- 24 Fed. R. Serv. 2d 205
- 40 A.F.T.R.2d (RIA) 5678
- 1977 U.S. App. LEXIS 11711
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the “complete disappearance” of counsel might justify relief under Rule 60(b)
- noting that plaintiff, whose counsel failed to oppose summary judgment, “frequently inquired] about the status of his lawsuit” and received “assurances from his attorney, relayed by his accountant, that the matter was in hand”
- finding that the “constructive disappearance” of defendants’ attorney by “neglect[ing] almost completely his clients’ business while at the same time assuring them that he was attending to it” provided a basis for Rule 60(b)(6) relief
- recognizing attorney’s mental illness as grounds for relief under Rule 60(b)(6)
- stressing that in the context of Rule 60(b)(6) motions, “courts should not encourage the reopening of final judgments or casually permit the relitigation of litigated issues out of a friendliness to claims of unfortunate failures to put in one’s best case”
- pointing to evidence that one of the plaintiffs was repeatedly assured by his lawyer that the matter was being handled in excusing default
Source: CourtListener parenthetical corpus (CC0).
Judges: Waterman, Gurfein, Blumenfeld
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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