Divided Argument Counter-Counter-Counter-Designations
Nov 20, 2025
Join a lively discussion recorded live from a unique venue as legal experts dive into pressing civil procedure topics. Explore the intricacies of the Coney Island case, focusing on void judgments and the ethical implications of litigation offers. Then, pivoting to LabCorp, they dissect accessibility issues and class action dynamics, questioning how standing impacts certifications. Delve into whether poor advocacy can lead to malpractice claims and what it means for class definitions in the legal landscape.
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Live At The Salamander
- Dan and Will recorded this episode live at the Salamander Resort during Wilkinson Stekloff's annual retreat.
- Dan jokes about using ChatGPT to make pictures of Supreme Court justices as Muppets and enjoying the firm's trial talent.
Void Judgments Versus Time Limits
- Rule 60(b)(4) treats a judgment as void but Rule 60(c)(1) requires motions be made within a reasonable time.
- The key question is whether a void-for-lack-of-jurisdiction claim is subject to any time limit under Rule 60.
Substantive Voidness Meets Procedural Rules
- Petitioner's core claim is that a judgment void for want of personal jurisdiction is null and can be attacked at any time.
- Courts and rules, however, treat vacatur as procedural, raising the reasonable-time limitation tension.