Procedural Lapses Short-Circuit Attack on Statute Aimed at Incentivizing Nuclear Plant Construction
Posted on Jul 19, 2018 in Civil Procedure, Class Actions, Constitutional Law | Comments Off on Procedural Lapses Short-Circuit Attack on Statute Aimed at Incentivizing Nuclear Plant Construction
The abandonment of the V.C. Summer nuclear project in South Carolina and the questionable status of Plant Vogtle in Georgia have garnered headlines in recent months and raised questions about the validity of state statutes authorizing utility companies to preemptively charge customers for the design and construction of new nuclear facilities using rate hikes. In William B. Newton v....
When a Settlement Contingent on Vacatur is Grounds for Rule 60(b) Relief from Judgment
Posted on Jul 19, 2016 in Appellate Procedure | Comments Off on When a Settlement Contingent on Vacatur is Grounds for Rule 60(b) Relief from Judgment
On July 12, the Eleventh Circuit reversed the district court’s denial of a Rule 60(b) motion in Hartford Accident & Indemnity Co. v. Crum & Forster Specialty Insurance Co., 2016 WL 3741972 (11th Cir. July 12, 2016), and vacated the underlying summary judgment orders that the parties had jointly sought relief from in the motion. The parties based their motion for relief from...