Cincinnati Insurance Company v. Fritz Byers

OPINION

GILMAN, Circuit Judge.

Cincinnati Insurance Company (“CIC”) brought an action for legal malpractice against attorney Fritz Byers (“Byers”), alleging that Byers negligently failed to perfect an appeal from an Ohio state-court judgment entered against H.U. Tuttle & Sons, Inc. (“Tuttle”), an insured of CIC. The district court, on cross-motions for summary judgment, ruled in favor of Byers and entered judgment accordingly. The district court thereafter denied CIC’s motion for relief from operation of the judgment brought under Rule 60(b)(6) of the Federal Rules of Civil Procedure. CIC now…