Legal Opinion
Myron Batts v. Tow-Motor Forklift Company and Caterpillar, Inc., Caterpillar, Inc.
Court of Appeals for the Fifth Circuit
Decided October 3, 1995No. 94-60606PublishedCited by 138 opinions
1Opinion of the Court
FITZWATER, District Judge:
We are asked to decide in this Erie 1 case whether a change in state decisional law — in this instance, Mississippi’s conversion from the “consumer expectations” to the “risk-utility” test in products liability actions— constituted an extraordinary circumstance that vested the district court with discretion to grant Fed.R.Civ.P. 60(b)(6) relief. Because we hold that it did not, we reverse.
I
The relevant background facts are set out in our prior opinion in this case, see Batts v. Tow-Motor Forklift Co., 978 F.2d 1386, 1387-88 (5th Cir.1992) (“Batts I ”), and in the…
2Cases cited41 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Wilson v. GarciaSupreme Court of the United States · 1985
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack RibackCourt of Appeals for the Fifth Circuit · 1981
- Ronald W. Dowell, Administrator of the Estate of Jackie Lynn Dowell, Deceased v. State Farm Fire and Casualty Automobile Insurance CompanyCourt of Appeals for the Fourth Circuit · 1993
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3Cited by138 opinions
- United Airlines, Inc. v. BrienCourt of Appeals for the Second Circuit · 2009
- Hernandez v. ThalerCourt of Appeals for the Fifth Circuit · 2011
- Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)Court of Appeals for the Sixth Circuit · 2001
- Jeffrey Hess v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
- Ruth E. Hughes, Individually and as Representative of the Estate of Sherman Hughes, Sr., Deceased v. The Tobacco Institute, Inc. Philip Morris, Inc. Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Co. B.A.T. Industries Plc Lorillard Tobacco Co. The American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc., Carlis Cole, Carlis Cole Charles Cole Louis Ardoin Charles Banks Ruth Davis Donald French Lois French Linda Goodwin Daniel Hughes Barbara Orr Darrell Orr, Sr. Dale Sonnier Agnes Vondy, Individually & as Representative of the Estate of Luanne Davis, Deceased Kaffie Williams, Individually & as Representative of the Estate of Jules Williams, Sr., Deceased Frank O'Pry Joseph Wray, the Son of Thomas H. Wray, Deceased, & Paula Wray Ewing, of the Estate of Thomas H. Wray, Deceased Patricia Gibson, Individually & as Representative of the Estate of Danny Gibson, Deceased & as Next Friend of Paul Gibson, Patrick Gibson, Bryan Gibson, Gayla Gibson & Gabrielle Gibson, Minors, Steven Faircloth, Intervenor v. The Tobacco Institute, Inc. Philip Morris, Incorporated Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Company B.A.T. Industries Plc Lorillard Tobacco Company the American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc.Court of Appeals for the Fifth Circuit · 2001
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