[Download] "Tutor-Saliba Corp. v. City of Hailey" by United States Court of Appeals for the Ninth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Tutor-Saliba Corp. v. City of Hailey
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 03, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff Elizabeth Latshaw appeals the district courts denial of her motion under Rule 60(b) of the Federal Rules of Civil Procedure for relief from a judgment. The judgment resulted from her acceptance of an offer of judgment under Rule 68 of the Federal Rules of Civil Procedure. Latshaw argues that she accepted the offer under coercion from and based upon fraud by her counsel, who allegedly gave her erroneous legal advice and threatened to resign from the case if Latshaw did not accept the offer. We are not persuaded and affirm the decision of the district court. Generally speaking, Rule 60(b) is not intended to remedy the effects of a deliberate and independent litigation decision that a party later comes to regret through second thoughts or subsequently-gained knowledge that corrects prior erroneous legal advice of counsel. The district courts refusal to relieve Latshaw from her decision was not an abuse of discretion.