adidas America, Inc. v. Thom Browne, Inc.

Summary

The United States Court of Appeals for the Second Circuit affirms the denial of adidas’s motion for relief from a jury verdict under Federal Rules of Civil Procedure 60(b)(2) and 60(b)(3). The court holds that the undisclosed emails probably would not have changed the verdict and that a negligent discovery violation does not constitute misconduct under Rule 60(b)(3).

Holdings

1. Relief was not warranted because adidas failed to show that the newly discovered emails probably would have changed the verdict.
2. A merely negligent discovery violation does not constitute misconduct under Federal Rule of Civil Procedure 60(b)(3).
3. Thom Browne's failure to produce the emails was negligent, but no more than negligent, and therefore was not misconduct under Rule 60(b)(3).

Questions Presented

1. Whether adidas was entitled to relief from the final judgment under Federal Rule of Civil Procedure 60(b)(2) based on newly discovered emails that allegedly would have changed the jury's verdict.
2. Whether a negligent failure to produce relevant discovery constitutes misconduct under Federal Rule of Civil Procedure 60(b)(3).
3. Whether Thom Browne's failure to produce the emails was more culpable than negligence and therefore constituted misconduct under Rule 60(b)(3).

Disposition

affirmed