United States DC Circuit

The district court exceeded its authority, in interpreting a consent decree to allow extension of critical deadlines "as justice requires," in settlement of a class action, but conduct of class counsel, "bordering on legal malpractice," justifies modification of the decree under Federal Rule of Civil Procedure 60(b)(5).

Appellate Information

• Argued 05/01/2002
• Decided 06/21/2002
• Published 06/21/2002

Judges

• Before:  SENTELLE, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for appellant.   With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Robert M. Loeb, Attorney, U.S. Department of Justice., Jason A. Levine argued the cause for appellants.   With him on the brief were Anthony Herman and Alexander J. Pires, Jr.