BLOM Bank SAL v. Honickman
Issues
Whether the strict standard under Federal Rule of Civil Procedure 60(b)(6) always applies to a post-judgment request to vacate in order to file an amended complaint, or if a balancing test can be applied in lieu?
This case asks the Court to determine whether the strict standard under Federal Rule of Civil Procedure 60(b)(6) always applies to a post-judgment request to vacate in order to file an amended complaint, or if a balancing test can be applied instead. Petitioner BLOM Bank SAL argues that Federal Rule of Civil Procedure 60(b)(6)’s stringent standard must apply to a post-judgment request to vacate for the purpose of filing an amended complaint, contrary to the Second Circuit’s ruling. Respondent Honickman argues that Rule 60(b)(6)’s stringent standard need not apply to a post-judgment request to vacate for the purpose of filing an amended complaint, because the Second Circuit’s decision to use a balancing test serves as a better standard to review the Rule. BLOM Bank SAL argues that ruling in favor of Honickman would undermine the finality of judgments by allowing post-judgment amendments under Rule 60(b)(6) too liberally. Honickman counters by arguing that ruling in BLOM Bank SAL’s favor would prevent victims of terrorism from obtaining justice, particularly in cases where new evidence emerges post-judgement.
Questions as Framed for the Court by the Parties
Whether Federal Rule of Civil Procedure 60(b)(6)’s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended complaint.
The Justice Against Sponsors of Terrorism Act (“JASTA”) extends liability to people who knowingly provide substantial assistance to or conspire with those responsible for acts of international terrorism. Brief for Petitioner, BLOM Bank SAL,
Additional Resources
- U.S. Supreme Court grants petition to examine post-judgment relief in Hamas banking lawsuit, ABA Banking Journal (Nov. 1, 2024).
- Adam Kredo, U.S. Banks Embroiled in Lawsuit Over Funding of Hamas Terrorists, Washington Free Beacon (Sept. 23, 2019).
- Sarah Jarvis, High Court Agrees To Hear Hamas Banking Case, Law360 (Oct. 4, 2024).