Legal Opinion
Stradley v. Cortez
Court of Appeals for the Third Circuit
Decided June 5, 1975No. Nos. 74-1693 to 74-1695PublishedCited by 104 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
On this consolidated appeal by defendant Cortez, Sr. and his two insurance carriers, we are obliged to review the district court’s exercise of discretion in granting a new trial, limited to the negligence of Frederick Cortez, Sr., four years after a jury verdict was recorded against only a co-defendant, Frederick Cortez, Jr. We hold that the district court lacked jurisdiction to grant a new trial under Fed.R.Civ.P. 59 and 60(b)(1) and abused its discretion in granting a new trial under Rule 60(b)(6).
I. FACTS
The incident giving rise to this action was…
2Cases cited26 opinions
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Landy v. Federal Deposit InsuranceSupreme Court of the United States · 1974
- Landry v. Federal Deposit Insurance CorporationCourt of Appeals for the Third Circuit · 1973
- Phillips v. NegleySupreme Court of the United States · 1886
- Sophie Radack and Charles Radack v. Norwegian America Line Agency, Inc., and Den Norske Amerikalinje, A/sCourt of Appeals for the Second Circuit · 1963
21 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Richard J. Mayberry v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1977
- Jessica T. And Halver L. Moolenaar v. Government of the Virgin Islands and Virgin Islands Port Authority. Appeal of Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1987
- Morris v. HornCourt of Appeals for the Third Circuit · 1999
- Andrea Sawka v. Healtheast, Inc. And Richard DuncanCourt of Appeals for the Third Circuit · 1993
- Baumann v. MarinaroSupreme Court of New Jersey · 1984
99 more not listed; retrieve them via the Exa API.