Fed. R. Civ. P. 60(b)(1) – Paul Mollica's Federal Courts Blog

Split Second Circuit Panel Holds That Curing a Pleading Deficiency Is Not “Mistake, Inadvertence, Surprise, Or Excusable Neglect” Under Fed. R. Civ. P. 60(b)(1), But the Catchall Rule 60(b)(6) Can Apply

In Mandala v. NTT Data, Inc., No. 22-4 (2d Cir. Dec. 8, 2023), a 2-1 panel holds that the district court erred as a matter of law in applying Rule 60(b)(1) for post-judgment relief to a plaintiff’s motion seeking to reopen a case to correct a pleading deficiency, and abused its discretion by not applyingContinue reading “Split Second Circuit Panel Holds That Curing a Pleading Deficiency Is Not “Mistake, Inadvertence, Surprise, Or Excusable Neglect” Under Fed. R. Civ. P. 60(b)(1), But the Catchall Rule 60(b)(6) Can Apply”

In Guaetta & Benson, LLC v. McArdle, No. 22-1034 (1st Cir. Oct. 28, 2022), the First Circuit reversed Fed. R. Civ. P. 11 sanctions, holding as a matter of law that Rule 11 did not apply to complaints filed in state court and then removed to federal court. “On February 7, 2017, Nicholas Triantos suedContinue reading “Fed. R. Civ. P. 11 Does Not Apply to Pleadings Filed in State Court and Then Removed by the Defendant, Holds First Circuit”