April 23, 2012
Dodson on Rule 60(b)
Prof. Scott Dodson (William & Mary) has posted on SSRN his essay Rethinking Extraordinary Circumstances, which will appear in the Northwestern University Law Review. Here’s the 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.