Marcelli v. Walker
United States Court of Appeals for the Sixth Circuit
2009 WL 415998 (2009)
Tony Marcelli (plaintiff) initially brought suit for a dispute involving an indemnification agreement. The Oakland County Circuit Court ruled against Marcelli and the Michigan Supreme Court denied review. Marcelli then filed a second suit, looking to set aside the judgment against him. The Oakland County Circuit Court granted summary judgment against Marcelli due to res judicata, and the Michigan Court of Appeals affirmed. Marcelli then filed a third suit, this time in federal court, alleging a number of causes of action against multiple defendants. The district court ordered Marcelli to file a Case Statement affirming that the causes of action complied with Rule 11 of the Federal Rules of Civil Procedure. Instead Marcelli’s counsel filed a response stating that the actions were filed under an erroneous belief that they complied with Rule 11 and stipulating that the case should be dismissed. The district court therefore dismissed the case with prejudice based on the stipulation. Sixteen months later, Marcelli filed a motion to reopen the case on the grounds that his counsel had acted without his consent in filing the stipulation. The district court denied the motion to reopen. Marcelli filed an appeal based on Rule 60(d) of the Federal Rules of Civil Procedure.
Rule of Law
Holding and Reasoning (Cole, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.