Monday, April 25, 2011
The U.S. Court of Appeals for the Third Circuit denied Floorgraphics' appeal of an order denying its request to reopen its case against News America Marketing.
After News America had settled with Valassis for $500 million, and after Floorgraphics learned about damaging evidence that was produced in discovery to Valassis (but which had not been produced to Floorgraphics), Floorgraphics sought to undo its $29.5 million settlement and reopen its case under Federal Rule of Civil Procedure 60(b).
The trial judge denied Floorgraphics request. The Third Circuit affirmed, finding that the lower court "ably applied the correct standards in denying relief."
The ruling should not come as a surprise given Floorgraphics' loss in the trial court and abuse of discretion standard of review.