 | United States. Supreme Court - 1956 - 560 pages
...abolished, its inclusion was necessary. fl60.26[3]. Clause (5) further permits relief on the basis that "it is no longer equitable that the judgment should have prospective application." The chief, although not the sole, application of this provision will be to a permanent injunction,... | |
 | Barbara Flicker - 2011 - 468 pages
...following reasons: . . . the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise...the judgment should have prospective application." 261. It!, at 290. 262. Id. at 284. 263. Id. at 291. 264. Id. Much of the court's discussion was about... | |
 | E. Lauterpacht, C. J. Greenwood - 1991 - 866 pages
...judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise...justifying relief from the operation of the judgment. Motions under Rule 60(b) are directed to the discretion of the trial court. The rule is equitable in... | |
 | E. Lauterpacht, C. J. Greenwood - 1992 - 826 pages
...fee. Upon receiving notice that the case was going to trial, however, Nigeria immediately reemployed (6) any other reason justifying relief from the operation of the judgment Fed.R.Civ.P. 60(b). [174] Shepherd. He accepted the balance of his set fee from Nigeria and apparently... | |
 | United States. Environmental Protection Agency - 2003 - 944 pages
...provides that courts may relieve a party from a final judgment or order for reasons including that "[i]t is no longer equitable that the judgment should have prospective application." Under Rule 60. other bases for overturning final judgments or orders include: fraud, misrepresentation,... | |
 | 742 pages
...year period, if the district court finds that . . . excusable neglect; ... (4) the judgment is void; The motion shall be made within a reasonable time, and for reasons, (t), (2), and (3) not more than one year after the judgment, . . . was entered. . . . the defendant... | |
 | United States. Congress. Senate. Committee on the Judiciary - 2002 - 1104 pages
...Rule 60 of the Federal Rules of Civil Procedure enables a party to seek relief from a judgment when it is no longer equitable that the judgment should have prospective application or for any other reason justifying relief from the operation of the judgment. In Kufo v. Inmates of the... | |
 | Jan Laitos - 1998 - 1317 pages
...the judgment has been discharged, or a prior judgment upon which it is based has been reversed, or if it is no longer equitable that the judgment should have prospective application. Rule 60 (b)(5) has been interpreted to mean that judgments involving injunctions have prospective application... | |
 | John Briscoe - 1999 - 224 pages
...inadvertence. surprise. or excusable neglect. . . . The motion shall be made within a reasonable lime. and ... not more than one year after the judgment. order. or proceeding was entered or taken. 23. See. eg. Cal. Civ. Proc. Code ยง 657t41. 26. See. eg. Estate of Emerson. 170 Cal. 81. 82. 148 P... | |
| |
... it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. 
