Issue: What is necessary to succeed on a claim of fraud in the 6th Circuit (Texas federal law) under Fed. R. Civ. Pro. 60(b)?
Area of Law:
Litigation & Procedure
Claim of fraud; Misrepresentations; Misconduct
379 F.3d 131
Fed. R. Civ. Pro. 60(b)
To prevail under this ground of Rule 60(b), a party must show that the fraud, misrepresentations, or misconduct by the opposing party prevented it from fully and fairly asserting a meritorious claim. General University Systems, Inc. v. Lee, 379 F.3d 131, 156-57 (5th Cir. 2004). Even an innocent misrepresentation may suffice. United States v. One Douglas A-26B Aircraft, 662 F.2d 1372, 1374-75 (11th Cir. 1981).
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