Justices Hear Arguments on Whether Rule 15 Should Inform Rule 60(b)(6) Relief in Blum Bank Case

The Supreme Court heard argument in Blum Bank v. Honickman over whether Rule 60(b)(6) of the Federal Rules of Civil Procedure -- which permits relief from a final judgment for "any other reason that justifies relief" -- should be applied without folding in Rule 15(a)'s liberal policy favoring amendment.

Mister McKinley, counsel, told the court that "rule 60 b 6 requires extraordinary circumstances to reopen a final judgment," and argued those circumstances cannot be manufactured from a party's strategic choice to stand on its pleadings on appeal. He said the Second Circuit erred by "collapsing the two steps" and importing Rule 15 into the Rule 60(b)(6) inquiry, which, he warned, would undermine finality and invite repetitive litigation.

The respondent…