Coney Island Auto Parts, Inc. v. Burton

Issues

Does Federal Rule of Civil Procedure 60(c)(1) create any time limit to dismiss a void default judgment for lack of personal jurisdiction?

 

This case asks the Supreme Court to decide whether Federal Rule of Civil Procedure 60(c)(1) may impose a time limit on motions to set aside a default judgment that is void for lack of personal jurisdiction. Petitioner Coney Island Auto Parts Unlimited, Inc. (“Coney Island”) contends that Rule 60(c)(1) was intended to govern only voidable judgments, not those that were void from the beginning of the judgment, or ab initio. Coney Island argues that enforcing a judgment void from the outset from lack of personal jurisdiction necessarily violates the fundamental principles of due process, as no court lacking jurisdiction ever has lawful authority to adjudicate a defendant’s rights. Respondent, Trustee for Vista-Pro Automotive, Jeanne Ann Burton (“Burton”), maintains that the drafters of Rule 60(c)(1) intended the rule to apply to all void judgments regardless of whether they were void for lack of personal jurisdiction. Burton argues that even if the rule is enforced, defendants still have avenues to raise the fact that their original judgment was void for lack of personal jurisdiction through other procedural means if the judgment is referenced later on. Additionally, Burton argues that the reasonable-time restriction in Rule 60(b)(4) correctly balances the public policy goals. Burton states that the Rule encourages finality in judgments to prevent excess litigation while also allowing for defendants to bring motions, within reasonable limits, when they believe their rights are being violated by the enforcement of a judgment lacking personal jurisdiction. The outcome of this case has implications for the behavior of parties in a suit and the fairness of notice requirements.

Questions as Framed for the Court by the Parties

Whether Federal Rule of Civil Procedure 60(c)(1) imposes any time limit to set aside a void default judgment for lack of personal jurisdiction.

Federal Rule of Civil Procedure Rule 60(b)(4) permits substantive relief from a judgment that is void, including when a court rules it lacked personal jurisdiction over a defendant. Fed. R. Civ. P.

Acknowledgments

The authors would like to thank Professor Kevin Clermont for his guidance and insights into this case. 

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cannabis

Cannabis is statutorily synonymous to marijuana. Cannabis is broadly categorized into two principal subspecies: cannabis sativa and cannabis indica. Cannabis plants have trichomes, which are hair-like structures on the surface of flowers and leaves; these trichomes contain cannabinoids such as cannabidiol (CBD) and tetrahydrocannabinol (THC).

Pueblo v. Haas (Michigan 2023)

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People v. Warner (Michigan 2024)

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Elliott-Larsen Civil Rights Act (Michigan, as amended)

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Ellingburg v. United States

Issues

Is restitution under the Mandatory Victims Restitution Act a criminal punishment, which would implicate the Ex Post Facto Clause of the Constitution, or a civil remedy?

 

This case asks the Supreme Court to determine whether the Mandatory Victims Restitution Act is a criminal punishment, which would implicate the Ex Post Facto Clause of the Constitution upon retroactive application, or a civil remedy. Petitioner Holsey Ellingburg, Jr. was convicted of bank robbery and firearm use during a violent crime in August 1996 and sentenced under the Victim and Witness Protection Act, which capped restitution enforcement at twenty years after entry of judgment. However, Congress enacted the Mandatory Victims Restitution Act in April 1996 to extend the restitution enforcement period to twenty years after a defendant’s release from prison. Ellingburg argues that, in designing the Mandatory Victims Restitution Act, Congress made a criminal punishment, so retroactively applying it to increase his penalty would violate the Constitution’s Ex Post Facto Clause. Court-appointed attorney John F. Bash, invited to support the judgment below, argues that Congress did not clearly design the Mandatory Victims Restitution Act as a criminal punishment, so it is a civil remedy that does not implicate the Ex Post Facto Clause. The outcome of this case will have a major impact on the fairness of the restitution process for both criminal defendants and victims of crimes.

Questions as Framed for the Court by the Parties

Whether criminal restitution under the Mandatory Victim Restitution Act is penal for purposes of the Constitution’s ex post facto clause.

In December 1995, Petitioner Holsey Ellingburg, Jr. robbed a bank in Georgia at gunpoint. United States v.

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Sexual Assault Kit Evidence Submission Act of 2014 (Michigan)

The Sexual Assault Kit Evidence Submission Act of 2014 establishes procedures for the handling, submission, and retention of sexual assault evidence kits in Michigan. The law requires a health care facility to notify the appropriate law enforcement agency within 24 hours after obtaining written consent from the victim to release the kit for testing. If the victim does not provide written consent, the facility must inform the individual of its storage policy for unreported sexual assault kits.

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