Friday, November 25, 2011

The equity end-run around Rule 60

Via Bashman, an interesting op by Judge Southwick on the use of "an independent action in equity" to reopen a judgment long after the Rule 60 deadline has failed.

Not an easy thing at which to succeed, but having lost one's underlying case before the eighth federal judge ever to be impeached and removed from office -- and having the benefit of a House report attesting to the judge's coziness with your opposing counsel and expert -- turns out to do the trick.

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