Reopening judgments for missing evidence
adidas America v. Thom Browne
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- 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
Docket activity
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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.