Kemp v. United States | Case No. 21-5726 | Date Argued: 4/19/2022 | Date Decided: 6/13/2022

Background: Federal Rule of Civil Procedure 60(b)(1) authorizes relief from final judgment based on "mistake," as well as inadvertence, surprise, or excusable neglect.

Question Presented: The question presented is: Whether Rule 60(b)(1) authorizes relief based on a district court's error of law.

Holding: The term “mistake” in Rule 60(b)(1) includes a judge’s errors of law. Because Kemp’s motion alleged such a legal error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s 1-year limitations period.

Result: Adjudged to be AFFIRMED.

Voting Breakdown: 8-1. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Breyer, Alito, Sotomayor, Kagan, Kavanaugh and Barrett joined. Justice Sotomayor filed a concurring opinion. Justice Gorsuch filed a dissenting opinion.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Andrew L. Adler, Assistant Federal Public Defender, Ft. Lauderdale, Fla. For Respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D.C.