Narrative Opinion Summary
Michael Lynch appeals the district court's denial of his motion for relief from judgment and a new trial under Federal Rules of Civil Procedure 60(b)(2), (3), and (6), as well as the denial of his motion for reconsideration. The appellate court has jurisdiction under 28 U.S.C. § 1291 and affirms the district court's decision. The court determined that the additional evidence presented by Lynch was insufficient to warrant reopening the judgment under Rule 60(b)(3). The law of the case regarding the indirect damages claim remains unchanged and is upheld. Claims under Rules 60(b)(2) and (6) were deemed waived as they were not included in the opening brief. Each party is responsible for its own costs on appeal. The ruling is not for publication and cannot be cited in future cases, as per 9th Cir. R. 36-3.
Legal Issues Addressed
Cost Allocation on Appealsubscribe to see similar legal issues
Application: Each party bears its own costs in the appeal.
Reasoning: Each party is responsible for its own costs on appeal.
Jurisdiction of Appellate Courtsubscribe to see similar legal issues
Application: The appellate court confirmed its jurisdiction under the relevant statute to hear the appeal.
Reasoning: The appellate court has jurisdiction under 28 U.S.C. § 1291 and affirms the district court's decision.
Non-Publication and Non-Citation of Rulingssubscribe to see similar legal issues
Application: The ruling cannot be cited in future cases due to its non-publication status as per court rules.
Reasoning: The ruling is not for publication and cannot be cited in future cases, as per 9th Cir. R. 36-3.
Relief from Judgment under Federal Rule of Civil Procedure 60(b)(3)subscribe to see similar legal issues
Application: The court evaluated the sufficiency of new evidence in determining whether to reopen a judgment.
Reasoning: The court determined that the additional evidence presented by Lynch was insufficient to warrant reopening the judgment under Rule 60(b)(3).
Waiver of Claims in Appellate Briefssubscribe to see similar legal issues
Application: Claims must be presented in the opening brief to avoid being waived.
Reasoning: Claims under Rules 60(b)(2) and (6) were deemed waived as they were not included in the opening brief.