Abstract

http://ssrn.com/abstract=1957189
 


 



Rethinking Extraordinary Circumstances


Scott Dodson


University of California Hastings College of the Law

November 8, 2011

106 Northwestern University Law Review 377 (2012)
William & Mary Law School Research Paper No. 09-170

Abstract:     
This short Essay seeks to rationalize the “extraordinary circumstances” requirement of Rule 60(b)(6) of the Federal Rules of Civil Procedure. Under the Supreme Court’s Ackermann decision, any extraordinary circumstances justifying relief must not have been caused by the movant’s own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve finality interests. A case study of the recent Fourth Circuit case Aikens v. Ingram illustrates these points. I propose, contrary to Aikens, that the Ackermann rule should apply more narrowly: only to a movant who intentionally abandons the litigation.

Number of Pages in PDF File: 10

Keywords: Ackermann, 60(b)(6), Rule 60, extraordinary circumstances, exceptional circumstances, aikens, relief from judgment

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Date posted: November 9, 2011 ; Last revised: November 12, 2012

Suggested Citation

Dodson, Scott, Rethinking Extraordinary Circumstances (November 8, 2011). 106 Northwestern University Law Review 377 (2012); William & Mary Law School Research Paper No. 09-170. Available at SSRN: http://ssrn.com/abstract=1957189

Contact Information

Scott Dodson (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States
415-581-8959 (Phone)
HOME PAGE: http://https://www.uchastings.edu/faculty-administration/faculty/dodson/index.html

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