§Why CasetextPricing

Roe et al v. Estate of Thomas White et al

Reply Memorandum to Plaintiffs' Opposition to 979 Motion to Vacate Judgment

33 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,207 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  2. Liljeberg v. Health Services Acquisition Corp.

    486 U.S. 847 (1988)   Cited 2,152 times   6 Legal Analyses
    Holding that relief from judgment is not automatic even if the presiding judge violates § 455 by failing to recuse himself

  3. Geders v. United States

    425 U.S. 80 (1976)   Cited 939 times   5 Legal Analyses
    Holding that trial court's order prohibiting defendant from consulting with his attorney during an overnight trial recess violated the Sixth Amendment

  4. Ackermann v. United States

    340 U.S. 193 (1950)   Cited 1,586 times
    Holding that petitioners were not entitled to relief under Federal Rule of Civil Procedure 60(b) when they made a "free, calculated, deliberate choic[e]" not to appeal

  5. Klapprott v. United States

    336 U.S. 942 (1949)   Cited 1,268 times   1 Legal Analyses
    Holding a party may not seek relief under the Rule 60(b) catchall provision if the conduct, in fact, falls under Rule 60(b)

  6. Williams v. Woodford

    384 F.3d 567 (9th Cir. 2002)   Cited 633 times   3 Legal Analyses
    Holding that one “juror's viewing of Williams in handcuffs with a coat draped over his handcuffed hands as he went to or from the courtroom was not inherently or presumptively prejudicial”

  7. Hazel-Atlas Co. v. Hartford Co.

    322 U.S. 238 (1944)   Cited 1,054 times   2 Legal Analyses
    Holding that federal courts have the inherent power to grant relief against judgments for "after-discovered fraud"

  8. Standard Oil Co. of Cal. v. United States

    429 U.S. 17 (1976)   Cited 345 times
    Holding that it is well-settled that "the District Court may entertain a Rule 60(b) motion without leave by this Court" even if the appellate court has already decided an appeal of the complained-of judgment

  9. Demjanjuk v. Petrovsky

    10 F.3d 338 (6th Cir. 1993)   Cited 254 times   2 Legal Analyses
    Holding that "only actions that actually subvert the judicial process can be the basis for upsetting otherwise settled decrees" on the basis of fraud on the court.

  10. In re Levander

    180 F.3d 1114 (9th Cir. 1999)   Cited 189 times
    Holding that "fraud upon the court" encompasses "only that species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication."

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,766 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Rule 12.1 - Remand After an Indicative Ruling by the District Court on a Motion for Relief That Is Barred by a Pending Appeal

    Fed. R. App. P. 12.1   Cited 392 times   1 Legal Analyses

    (a) NOTICE TO THE COURT OF APPEALS. If a timely motion is made in the district court for relief that it lacks authority to grant because of an appeal that has been docketed and is pending, the movant must promptly notify the circuit clerk if the district court states either that it would grant the motion or that the motion raises a substantial issue. (b) REMAND AFTER AN INDICATIVE RULING. If the district court states that it would grant the motion or that the motion raises a substantial issue, the