Monday, January 10, 2022

SDFLA Cert Grant

 This morning I posted some Supreme Court news, but I missed the big cert grant from this District.  Congrats to Andy Adler and Michael Caruso.  The case is Kemp v. United States

 The issue presented is: "Whether Federal Rule of Civil Procedure 60(b)(1) authorizes relief based on a district court’s error of law."

The 11th Circuit opinion ruling against the defendant is here.   

This isn't their first trip to SCOTUS.  Adler argued last term in Terry v. United States.


Stephen said...

Court will probably rule that 60(b)(1) does not allow relief for errors of law. Correcting errors of law is probably the largest and most important pillar of appellate review. Plenty of case law saying that 60(b) is not a substitute for seeking an appeal. It's a structural point.

Anonymous said...

Hot take!