Supreme Court hears argument on whether Rule 60(b) can reopen voluntary dismissals

The Supreme Court heard argument in Watzig v. Halliburton Energy Services, case No. 23971, over whether Federal Rule of Civil Procedure 60(b) allows a district court to reopen a case dismissed voluntarily without prejudice and whether a later effort to vacate an arbitration award requires a separate basis for federal jurisdiction.

Chief Justice (presiding) opened the session with the case caption, saying, "We'll hear argument next in case 23971, Watzig versus Halliburton Energy Services. Mister Levy?" Mr. Levy, counsel for the petitioner, told the court that Rule 60(b)'s phrase "judgment, order, or proceeding" was borrowed from California law and that contemporaneous authorities treated voluntary dismissals as proceedings or judgments subject to reopening. "The court should reverse," Mr. Levy said, adding that the advisory committee's later insertion of the word "final" was intended to preserve, not narrow, the rulemaker's broad remedial authority.

Respondent counsel, Mr. McGill, countered that the Federal Arbitration Act and…