Skip to main content

Reopening judgments for missing evidence

adidas America v. Thom Browne

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Adidas America and its co-petitioners ask the Supreme Court to review a Second Circuit ruling that, according to their petition, found Thom Browne negligently failed to produce four discovery emails but required conduct worse than negligence to reopen a final judgment under Rule 60(b)(3).
What's at stake
The unresolved question is whether negligently failing to turn over required lawsuit documents can count as misconduct under Rule 60(b)(3).

Summary: written with AI from the case record.

What it's about

They ask whether a negligent failure to produce discoverable documents can count as misconduct under that rule.

Adidas's petition says the Second Circuit found that Thom Browne negligently failed to produce four emails during the lawsuit's evidence exchange, but required more than negligence to reopen the final judgment.

Federal Rule of Civil Procedure 60(b)(3) lets a court grant relief from a final judgment for an opposing party's fraud, misrepresentation, or misconduct.

Question presented

Whether “misconduct” within the meaning of Federal Rule of Civil Procedure 60(b)(3) is limited to behavior by an opposing party that is “worse than negligent,” or whether a negligent failure to produce discoverable documents may also constitute “misconduct” sufficient to support relief from a final judgment.

What happens next

The next step is for the Court to decide whether to hear the petition. No oral argument or decision date is set.

Documents

1

Docket activity

12
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • New document added

    Oct 13, 2026 · supremecourt.gov

Show 7 more
  • Case data updated: documents, description, document_url, proceeding_type

    Oct 12, 2026 · supremecourt.gov

  • Case data updated: documents, description, document_url, proceeding_type

    Sep 28, 2026 · supremecourt.gov

  • Brief added: Petition

    Sep 28, 2026 · Court records

  • New document added

    Aug 11, 2026 · supremecourt.gov

  • Case data updated: documents, description, document_url, proceeding_type

    Aug 6, 2026 · supremecourt.gov

  • New document added

    Jul 9, 2026 · supremecourt.gov

  • Case data updated: documents, description, document_url, proceeding_type

    Jul 6, 2026 · supremecourt.gov

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis