Fed. R. CIv. P. 60(b)(6) – 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”