Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc.
United States Court of Appeals for the Seventh Circuit
570 F.3d 845 (2009)
During contract litigation, Bakery Machinery & Fabrication (BMF) (defendant) discovered that a default judgment had been entered against it because its own attorney, who had spent nine months falsely representing that the case was proceeding favorably, had committed malpractice. BMF moved to vacate the judgment under Federal Rule of Civil Procedure 60(b)(6), arguing its attorney's misconduct was an exceptional circumstance warranting relief. The district court denied the motion, and BMF appealed.
Whether an attorney's malpractice, even when severe and prolonged, constitutes the exceptional circumstances required to grant a client relief from a final judgment under Federal Rule of Civil Procedure 60(b)(6).