Opinion · Supreme Court of the United States
Liljeberg v. Health Services Acquisition Corp.
Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847 (1988)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1988-06-17
- Topic
- litigation
Justice O’Connor, dissenting. For the reasons given by Chief Justice Rehnquist, ante, at 871-873, I agree that “constructive knowledge” cannot be the basis for a violation of 28 U. S. C. § 455(a). The question then remains whether respondent is entitled to a new trial because there are other “extraordinary circumstances,” apart from the § 455(a) violation found by the Fifth Circuit, that justify “relief from the operation of the judgment.” See Fed.
Citator
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dissenting.
For the reasons given by Chief Justice Rehnquist, ante, at 871-873, I agree that “constructive knowledge” cannot be the basis for a violation of 28 U. S. C. § 455(a). The question then remains whether respondent is entitled to a new trial because there are other “extraordinary circumstances,” apart from the § 455(a) violation found by the Fifth Circuit, that justify “relief from the operation of the judgment.” See Fed. Rule Civ. Proc. 60(b)(6); Ackermann v. United States, 340 U. S. 193, 199 (1950); Klapprott v. United States, 335 U. S. 601, 613 (1949). Although the Court collects an impressive array of arguments that might support the granting of such relief, I believe the issue should be addressed in the first instance by the courts below. I would therefore remand this case with appropriate instructions.