Gomez v. Chody

I agree with the persuasive majority opinion in all respects except its affirmance of the district court’s denial of the plaintiffs’ Rule 60(b)(2) motion in No. 87-3131. This is a close question and I am very much aware that the discretion of the trial judge is (and ought to be) particularly broad with respect to motions for a new trial based on newly discovered evidence. But here the new evidence of boasting by building management personnel of kicking out the “spies” and “wetbacks” was dynamite. As Judge Plunkett appears to concede, had it been available in time, it would easily have…