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: Civil Procedure Prof BlogConverting a Rule 12c motion to a rule 56 motion: Sensations Inc. v. City of Grand Rapids
Full post as published by Civil Procedure Prof Blog on June 24, 2008 (boomark / email).
Sixth Circuit Permits Consideration of Legislative Record without Converting a 12(c) Motion to a Summary Judgment Motion
Per Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. May 20, 2008)Plaintiffs-Appellants argue that by considering the legislative record attached to Defendants' motion the district judge improperly converted a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) into a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56...
No "Exceptional Circumstances" Justified Granting Motion Under Rule 60(b)(6); Appeals Did Not Preclude Timely 60(b)(1) Filing
A father’s error in appealing from a void judgment in a custody dispute did not raise “exceptional circumstances” that would warrant granting his motion under Rule 60(b)(6)...
Seventh Circuit Holds Rule 60(b) Reconsideration Motion Not A Substitute For Appeal
Leo Stoller sued Pure Fishing Incorporated for trademark infringement. Eventually, the federal district court defaulted Stoller and awarded Pure Fishing costs and fees on one of its counterclaims...
Rule 60(b) motion is not a substitute for a Rule 77(d) extension
When a party is not notified of an appealable order, the only way to extend the time to appeal is by a Rule 77(d) extension, not a Rule 60(b) motion. In Gullett v. Gullett, [Ms...
Rule 74.14(2): Short-Cut to Probate
There seems to be a rule for every situation in estates litigation. Consider the oft-ignored Rule 74.14(2), the short-cut to probate rule.Probate applications are refused where the application material raises legal issues...
Court order stops Grand Rapids ordinance from prohibiting spontaneous Christian speech
After a negotiated settlement, Alliance Defense Fund allied attorneys secured a court order Thursday barring the city of Grand Rapids from preventing a group of Christians from publicly expressing a religious message at a city park.
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