Menu
Sign In Search Podcasts Charts People & Topics Add Podcast API Blog Pricing

Will Baude

๐Ÿ‘ค Speaker
1738 total appearances

Appearances Over Time

Podcast Appearances

And what is a reasonable time?

Which are all kind of bigger questions.

The court resolves the first question.

The court gets into the constitutional question.

And they say that Justice Sotomayor writes separately to say, I don't even think we need to resolve the constitutional question.

The majority says, well, look, we've got to resolve something.

The only possible basis for this argument is a constitutional argument.

So even though the petitioner didn't really raise it, we got to say something.

And doesn't resolve what is a reasonable time or are there other ways to attack or disregard avoid judgment outside of this process?

What I think is actually the most important question.

And in footnote five, the court reserves that and just says, rule 60D preserves parties' ability to obtain relief from a judgment in limited ways other than through a rule 60B motion.

We express no view regarding the limits applicable to obtaining relief through one of those methods, nor does the court actually state what they are.

You know, that's the biggest area where, you know, there'll be left to litigate later.

And that if you were counsel for Coney Island Auto Parts, I think you might have tried to put more emphasis.

You might have said, look, even if I can't, you know, get relief under 60C, I should, or under, you know, even if I can't get relief under the rules, I can in some way, you know, not comply with it or collaterally attack it or do that, whatever.

We cannot divine any principle requiring courts to keep their doors perpetually open.