United States Fourth Circuit

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Barlow v. Colgate Palmolive Company, 13-1839

In this consolidated asbestos litigation, despite strong evidence that the plaintiffs misrepresented their intent to pursue claims against certain defendants, the lower court found that 28 U.S.C. section 1447(d) deprived it of jurisdiction to either impose sanctions under Federal Rules of Civil Procedure Rule 11 or afford relief under Rule 60(b)(3). Judgment is reversed and remanded, where using these rules to safeguard the courts from fraud does not amount to the "review" proscribed by section 1447(d).

Appellate Information

  • Decided 11/25/2014
  • Published 11/25/2014

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel

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