Cannabis Ruderalis

How this document has been cited

For a movant's case to succeed, the material offered in support of his Rule 60 (b)(6) motion must be `highly convincing
I] t is well established that a supervening change in decisional law on its own is insufficient to afford relief under Rule 60 (b)(6
The timing of the Reconsideration is undoubtedly reasonable. b. To prove a meritorious claim or defense, a movant under Rule 60 (b) does not need to show likelihood of success but must make allegations that, if established, would constitute a valid claim or defense.
- in In re Price, 2017 and 2 similar citations
However, there is a distinction between cases in which a final judgment has been entered and cases where a final judgment has not been entered.
- in Allen v. Cooper, 2021 and 2 similar citations
I] f the judgment in question has been executed, and thus its effects are no longer prospective, modification of the judgment under Rule 60 (b)(6) ordinarily will be unavailable.... In contrast, where a change in law effects a consent decree or permanent injunction, a court may indeed find extraordinary circumstances present
- in Allen v. Cooper, 2021 and 2 similar citations
"As the law stands today, a court may grant a motion under Rule 60 (b)(6) when the judgment was obtained by the improper conduct of the party in whose favor it was rendered or by an excusable default or in other `extraordinary circumstances.'Put simply, the applicable rule is as follows: a Rule 60 (b)(6) motion will be granted only in extraordinary circumstances or …
- in In re Trexler, 2003 and 2 similar citations
—noting that a mutual mistake of the law is distinguishable from a subsequent change in the law and holding that the settlement agreement entered into by the parties would be not invalidated on the basis of a subsequent change in the law
T] here is no set time period distinguishing timely from untimely motions outside of the absolute, one-year time frame for Rule 60 (b)(1)-(3) motions
- in McCorvey v. Hill, 2004 and one similar citation
Therefore, "[w] hat constitutes a reasonable time under Rule 60 (b) depends on the particular facts of the case in question."
- in McCorvey v. Hill, 2004 and one similar citation
But past settlements between the Trustees and other Coal Act obligors indicate that Coal Act obligations are "to some extent negotiable."

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555 F. Supp. 3d 226 - Dist. Court, North Carolina 2021
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388 F. Supp. 2d 601 - Dist. Court, MD North Carolina 2005
386 F. Supp. 2d 631 - Dist. Court, MD North Carolina 2005
331 BR 238 - Bankr. Court, MD North Carolina 2005
21 P. 3d 561 - Kan: Supreme Court 2001
76 F. Supp. 2d 695 - Dist. Court, WD Virginia 1999
Dist. Court, WD North Carolina 2024

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