Marcelli v. Walker
United States Court of Appeals for the Sixth Circuit
2009 WL 415998 (2009)
After losing an initial indemnification-agreement suit and a follow-up suit to set aside that judgment (both barred by res judicata), Marcelli (plaintiff) filed a third suit in federal court; his own counsel, believing the claims didn't comply with Rule 11, stipulated to dismissal with prejudice, and the district court dismissed accordingly. Sixteen months later, Marcelli moved to reopen the case, claiming his attorney acted without his consent in filing the stipulation; the district court denied the motion, and Marcelli appealed under Rule 60(d).
Whether an independent action for relief under Rule 60(d) can be granted other than in cases of severe injustice so gross as to demand departure from rigid adherence to res judicata.