BLOM Bank SAL v. Honickman
Citation605 U.S. 204
Date Filed2025-06-05
Docket23-1259
JudgeClarence Thomas
Cited24 times
StatusPublished
Full Opinion (html_with_citations)
(Slip Opinion) OCTOBER TERM, 2024 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
BLOM BANK SAL v. HONICKMAN ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SECOND CIRCUIT
No. 23â1259. Argued March 3, 2025âDecided June 5, 2025
Plaintiffs, who are victims and families of victims of terrorist attacks car-
ried out by Hamas between 2001 and 2003, sued BLOM Bank SAL
under the Anti-Terrorism Act for allegedly aiding and abetting the at-
tacks by providing financial services to Hamas-affiliated customers.
BLOM argued that the complaint failed to state a claim, and plaintiffs
repeatedly affirmed they would not seek to amend their complaint if it
were dismissed. The District Court dismissed the complaint with prej-
udice, finding that plaintiffs had not adequately alleged that BLOM
had the requisite general awareness for aiding-and-abetting liability.
The court denied leave to amend because plaintiffs had declined sev-
eral opportunities to amend and failed to identify additional facts they
could allege. The Second Circuit affirmed the dismissal, finding that
even though the District Court had applied too stringent a standard
for the general awareness element, plaintiffsâ claims still failed under
the correct standard. Following the affirmance, plaintiffs returned to
the District Court and moved under Federal Rule of Civil Procedure
60(b)(6) to vacate the final judgment so that they could file an amended
complaint to meet the Second Circuitâs clarified standard. The District
Court denied the motion, ruling that the Second Circuitâs clarification
did not constitute the âextraordinary circumstancesâ required for Rule
60(b)(6) relief, and that plaintiffsâ prior deliberate choices not to amend
counseled against relief. On appeal, the Second Circuit reversed, hold-
ing that when a party seeks Rule 60(b) relief to file an amended com-
plaint, district courts must not apply Rule 60(b)(6)âs extraordinary cir-
cumstances standard in isolation but must instead balance Rule
60(b)âs finality principles with Rule 15(a)âs liberal amendment policy.
Held: Relief under Rule 60(b)(6) requires extraordinary circumstances,
and this standard does not become less demanding when the movant
2 BLOM BANK SAL v. HONICKMAN
Syllabus
seeks to reopen a case to amend a complaint. A party must first satisfy
Rule 60(b) before Rule 15(a)âs liberal amendment standard can apply.
Pp. 5â12.
(a) Rule 60(b)(6) is a catchall provision that provides relief from final
judgment for âany other reason that justifies reliefâ beyond the specific
grounds in Rules 60(b)(1)â(5). The text and structure of Rule 60(b)
make clear that this catchall provision is available only in narrow cir-
cumstances. It covers grounds not already covered by the preceding
five paragraphs, and a broad interpretation would improperly circum-
vent the time limitations of those paragraphs. The Court has consist-
ently held that relief under Rule 60(b)(6) requires âextraordinary cir-
cumstances,â as first established in Klapprott v. United States, 335
U. S. 601, and reaffirmed in numerous subsequent decisions. This
strict interpretation is essential to preserve the finality of judgments.
See Gonzalez v. Crosby, 545 U. S. 524, 535. Pp. 5â8.
(b) The Rule 60(b)(6) standard does not change when a party seeks
to reopen a case to amend a complaint. In that circumstance, satisfac-
tion of Rule 60(b)(6) necessarily precedes any application of Rule 15(a).
Cf. Waetzig v. Halliburton Energy Services, Inc., 604 U. S. ___, ___.
Rules 60(b) and 15(a) apply at different stages of litigation and require
separate inquiries. Rule 15(a)(2)âs direction that courts âshould freely
give leave when justice so requiresâ governs pretrial amendments, but
does not apply when a case is closed following final judgment. A party
seeking Rule 60(b)(6) relief must demonstrate extraordinary circum-
stances regardless of what they intend to do if the case is reopened.
The Second Circuitâs âbalancingâ approach is not consonant with Rule
60(b)(6) and this Courtâs precedents because it improperly dilutes Rule
60(b)(6)âs stringent standard. Pp. 8â10.
(c) Plaintiffsâ arguments that the Second Circuitâs approach is con-
sonant both with Rule 60(b)(6) and with this Courtâs precedents are
unpersuasive. Balancing the strict standards of Rule 60(b)(6) against
the more relaxed standards of Rule 15 necessarily weakens the former,
and is thus incompatible with this Courtâs long line of precedents hold-
ing that Rule 60(b)(6) âshould only be applied in âextraordinary circum-
stances.â â Liljeberg v. Health Services Acquisition Corp., 486 U. S. 847,
864. Foman v. Davis,371 U. S. 178
, does not suggest otherwise. Fo-
man dealt with Rule 59(e), which does not threaten the finality of judg-
ments to the same degree that Rule 60(b)(6) does. Thus, a Rule 59(e)
movant is not required to show the same âextraordinary circum-
stancesâ to receive relief. See id., at 181â182. Pp. 10â11.
(d) The Second Circuitâs disposition of this case was incorrect. Dis-
trict courtsâ Rule 60(b) rulings are reviewed âonly for abuse of discre-
tion.â Browder v. Director, Dept. of Corrections of Ill., 434 U. S. 257,
263, n. 7. The District Courtâs determination that plaintiffs failed to
Cite as: 605 U. S. ____ (2025) 3
Syllabus
demonstrate any extraordinary circumstances warranting relief under
Rule 60(b)(6) both applied the correct legal standard and provided
âsubstantial justificationâ for its conclusion. Cooter & Gell v. Hart-
marx Corp., 496 U. S. 384, 405. The District Courtâs justifications for its decision align with established Rule 60(b) doctrine that intervening legal developments rarely constitute extraordinary circumstances and that extraordinary circumstances must suggest the movant is faultless in the delay. Pp. 11â12.6 F. 4th 487
, reversed and remanded.
THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J.,
and ALITO, SOTOMAYOR, KAGAN, GORSUCH, KAVANAUGH, and BARRETT,
JJ., joined, and in which JACKSON, J., joined as to all but Part III. JACK-
SON, J., filed an opinion concurring in part and concurring in the judg-
ment.
Cite as: 605 U. S. ____ (2025) 1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 23â1259
_________________
BLOM BANK SAL, PETITIONER v. MICHAL
HONICKMAN, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 5, 2025]
JUSTICE THOMAS delivered the opinion of the Court.
Federal Rule of Civil Procedure 60(b) permits a district
court to grant relief from a final judgment in limited cir-
cumstances. The Rule includes five provisions setting out
specific grounds upon which parties may seek such relief.
See Fed. Rules Civ. Proc. 60(b)(1)â(5). It also includes a
catchall provision that allows a district court to relieve a
party from a final judgment for âany other reason that jus-
tifies relief.â Fed. Rule Civ. Proc. 60(b)(6). We have con-
sistently held that only âextraordinary circumstancesâ can
justify relief under the Rule 60(b)(6) catchall. The question
presented is whether this rigorous standard applies when a
Rule 60(b)(6) movant seeks to reopen a case for the purpose
of filing an amended complaint. We hold that it does.
I
A
Plaintiffs (respondents here) are victims and the families
of victims of terrorist attacks carried out by Hamas between
December 2001 and August 2003. On January 1, 2019,
plaintiffs sued petitioner BLOM Bank SAL (BLOM), an in-
ternational bank, under the Anti-Terrorism Act, as
2 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
amended by the Justice Against Sponsors of Terrorism Act
(JASTA), 18 U. S. C. §2333(d). They alleged that BLOM aided and abetted Hamasâs commission of the terrorist at- tacks by providing financial services to customers who were allegedly affiliated with Hamas and who had helped further Hamasâs goals. In the District Court, BLOM repeatedly argued that the facts alleged in plaintiffsâ complaint were insufficient to state a claim of aiding and abetting under JASTA. Before moving to dismiss the complaint, BLOM made this argu- ment to the District Court in a required premotion letter. See 1 App. 142â147. Plaintiffs responded that they would stand on their allegations as pleaded. See id., at 148â155. At a subsequent, premotion conference, plaintiffsâ counsel reaffirmed their clientsâ position, telling the District Court that they were âprepared to brief [their opposition to a mo- tion to dismiss] based on the arguments presented in the pre-motion letter,â and that they âwould not seek leave to amendâ if the court dismissed their complaint. App. to Pet. for Cert. 93â94. BLOM moved to dismiss under Federal Rule of Civil Pro- cedure 12(b)(6). At a hearing on the motion, the District Court reminded plaintiffsâ counsel that they had not re- quested an opportunity to replead and specifically asked whether this meant that the complaint contained every- thing the court would âneed to consider in terms of suffi- ciency of [plaintiffsâ] pleading.â Id., at 124. Plaintiffsâ coun- sel confirmed that they did not intend to add any additional facts. Id., at 125. The District Court dismissed the complaint with preju- dice and so denied leave to amend. The court held, as rele- vant here, that plaintiffs had not âplausibly allege[d] the general awareness . . . elemen[t] necessary to plead JASTA aiding-and-abetting liability.â432 F. Supp. 3d 253
, 257
(EDNY 2020). In the District Courtâs view, âit [was] not
enough for Plaintiffs to plausibl[y] allege that BLOM was
Cite as: 605 U. S. ____ (2025) 3
Opinion of the Court
generally aware of [its] role in terrorist activities, from
which terrorist attacks were a natural and foreseeable con-
sequence.â Id., at 264 (internal quotation marks omitted).
Rather, plaintiffs needed to âplausibly alleg[e] that, by
providing financial services to [specific customers], BLOM
generally assumed a role in Hamasâ violent or life-endan-
gering activities,â and plaintiffs had failed to do so. Id., at
265. And, the court explained, leave to amend was unwar-
ranted because âPlaintiffs . . . d[id] not request leave to
amendâ; âspecifically declined the Courtâs offer to do so at
the pre-motion conferenceâ; and further failed to âidentif[y]
any additional facts they could allege which would address
the deficiencies in their complaint.â Id., at 270â271. The
District Court thus made an exception to its usual practice
of âgrant[ing] plaintiffs an opportunity to amend their com-
plaints following dismissal.â Id., at 270.
Plaintiffs appealed to the Second Circuit, arguing that
they had pleaded facts sufficient to support their aiding-
and-abetting claim.* The Second Circuit concluded that the
District Court had misinterpreted the general-awareness
element to impose an unduly high foreseeability require-
ment. 6 F. 4th 487, 497â498 (2021). But, even applying its less exacting standard, the Second Circuit determined that the facts alleged in the complaint âd[id] not plausibly sup- port an inference that [BLOM] had the requisite general awareness at the time that it provided banking servicesâ to the customers allegedly affiliated with Hamas.Id., at 501
. The court thus affirmed the District Courtâs judgment of dismissal.Id., at 503
.
B
Plaintiffs returned to the District Court, and moved un-
der Rule 60(b)(6) to vacate the courtâs then-affirmed final
judgment so that they could file an amended complaint.
ââââââ
*Plaintiffs did not appeal the âwith prejudiceâ aspect of the District
Courtâs dismissal.
4 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
They argued that the District Court should give them an
opportunity to meet the standard outlined by the Second
Circuit. 2022 WL 1062315, *3 (EDNY, Apr. 8, 2022). The District Court denied their request. Specifically, it rejected plaintiffsâ contention that âthe Second Circuitâs clarification of the aiding-and-abetting standardâ consti- tuted â âextraordinary circumstancesâ â sufficient to justify relief under Rule 60(b)(6). Ibid. That argument, according to the District Court, ignores the principle that â âa mere change in decisional law does not constitute an âextraordi- nary circumstance.â â â Ibid. In any event, the District Court continued, any amendment would likely be futile be- cause it was ânot clearâ that plaintiffs could succeed â[e]ven under the clarified standardâ laid out by the Second Circuit. Id., at *3, n. 3. The District Court added that plaintiffsâ litigation choices further counseled against relief under Rule 60(b)(6). The court explained that plaintiffs âhad ample opportunity to pursue all legal avenues available to them for relief,â and sought postjudgment amendment despite having âdeclin[ed] two prior opportunitiesâ to amend their com- plaint in the ordinary course, and âafter unsuccessfully ap- pealing the dismissal of that complaint with prejudice.â Ibid. The District Court declined to overlook âPlaintiffsâ documented series of deliberate choices not to cure the de- ficiencies identified in their pleading.â Id., at *4. On appeal, the Second Circuit again disagreed with the District Court. It acknowledged that â[a] plaintiff is ordi- narily entitled to Rule 60(b)(6) relief â only under â âextraor- dinary circumstances.â â2024 WL 852265
, *2 (Feb. 29,
2024). But, it asserted, when a party seeks vacatur under
Rule 60(b) â âto obtain leave to file an amended complaint,
special considerations come into play.â â Ibid. In that cir-
cumstance, the court held, âthe district court must give âdue
regardâ to âboth [Rule 60(b)âs] philosophy favoring finality of
judgments . . . and the liberal amendment policy of Rule
Cite as: 605 U. S. ____ (2025) 5
Opinion of the Court
15(a),â â ibid., which requires courts to âfreely give leaveâ to
amend pleadings before trial âwhen justice so requires,â
Fed. Rule Civ. Proc. 15(a)(2). In other words, courts must
âbalanceâ the competing standards by âconsider[ing] Rule
60(b) finality and Rule 15(a) liberality in tandem.â 2024
WL 852265, *2. The Second Circuit held that the District Court had abused its discretion by âincorrectly treat[ing] Plaintiffsâ motion to vacate and amend as calling for two distinct analyses, requiring Plaintiffs to successfully navi- gate Rule 60(b)âs finality gauntlet before they could invoke Rule 15(a)âs liberal repleading policy.â Ibid. We granted certiorari.603 U. S. ___
(2024).
II
Relief under Rule 60(b)(6) requires extraordinary circum-
stances. That standard does not become less demanding
when a Rule 60(b)(6) movant also hopes to amend his com-
plaint. Rather, a party seeking to reopen his case and re-
plead must first satisfy Rule 60(b) on its own terms and ob-
tain Rule 60(b) relief before Rule 15(a)âs liberal amendment
standard can apply. Because the Second Circuitâs balanc-
ing approach conflates this order of operations and dilutes
Rule 60(b)(6)âs well-established standard, we must reject it.
A
Rule 60(b) allows a party to seek relief from final judg-
ment and reopen a case based on mistake or excusable ne-
glect, newly discovered evidence, fraud, or the void or pro-
spectively inequitable status of a judgment. See Rules
60(b)(1)â(5). Rule 60(b) also includes a âcatchallâ provi-
sionâRule 60(b)(6)âthat allows a district court to reopen
a case for â âany other reason that justifies relief.â â Kemp v.
United States, 596 U. S. 528, 533 (2022). A party seeking
relief based on the grounds covered by paragraphs (1)
through (3)âi.e., mistake or excusable neglect, new evi-
dence, or fraudâfaces a 1-year limitations period. See Fed.
6 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
Rule Civ. Proc. 60(c)(1). That time bar, however, does not
apply to motions for relief filed under Rule 60(b)âs other par-
agraphs, including Rule 60(b)(6). Ibid.The text and structure of Rule 60 make clear that relief under Rule 60(b)(6) is available only in narrow circum- stances. Rule 60(b)(6) is a catchall that follows paragraphs (1) through (5). It covers âany other reasonâ that justifies relief; that is, Rule 60(b)(6) provides only grounds for relief not already covered by the preceding five paragraphs. Were it otherwise, the catchall provision could swallow the pre- ceding paragraphs and âb[e] used to circumventâ their time bars. Liljeberg v. Health Services Acquisition Corp.,486 U. S. 847, 863, n. 11
(1988). Such a broad interpretation of Rule 60(b)(6) would thus violate a âcardinal principle of statutory constructionâ by making the preceding para- graphs and their limitations periods âsuperfluous.â Duncan v. Walker,533 U. S. 167, 174
(2001) (internal quotation marks omitted); see also Fischer v. United States,603 U. S. 480, 493
(2024) (avoiding an âunbounded interpretationâ of catchall provision that would ârender superfluousâ a âretic- ulated listâ of provisions). Thus, we have repeatedly held that relief under Rule 60(b)(6) is available âonly when Rules 60(b)(1) through (b)(5) are inapplicable.â Kemp,596 U. S., at 533
(citing Liljeberg,486 U. S., at 863, n. 11
). But, â[e]ven then, â âextraordinary circumstancesâ â must justify reopening.â Kemp,596 U. S., at 533
. The Court identified such circumstances for the first time in Klapprott v. United States,335 U. S. 601
(1949), decided shortly after Rule 60(b)(6)âs adoption. There, the petitioner sought to set aside a default judgment entered in denaturalization pro- ceedings. Seeid., at 603
(opinion of Black, J.). His âallega-
tions set up an extraordinary situationâ: The petitioner was
âin jail . . . , weakened from illness, without a lawyer in the
denaturalization proceedings or funds to hire one,â and
âdisturbed and fully occupied in efforts to protect himself
Cite as: 605 U. S. ____ (2025) 7
Opinion of the Court
against the gravest criminal chargesâ in separate proceed-
ings. Id., at 613â614. He was therefore âno more able to
defend himself â in the denaturalization proceedings âthan
he would have been had he never received notice of the
charges.â Id., at 614. On these facts, the Court found that
relief under Rule 60(b)(6) was justified. Id., at 614â616.
The Court underscored the stringency of the âextraordi-
nary circumstancesâ test a year later in Ackermann v.
United States, 340 U. S. 193(1950). The petitioner there had suffered an adverse denaturalization judgment and de- clined to appeal.Id., at 195
. Four years later, he sought to vacate the judgment under Rule 60(b)(6), alleging that it was erroneous, and that he had declined to appeal due to expense and the advice of a third party.Id.,
at 195â197. The Court held these circumstances insufficient to satisfy Rule 60(b)(6)âs strict standard.Id., at 197
. Compared to the situation in Klapprott, the Ackermann petitionerâs alle- gations highlighted âthe difference between no choice and choice; imprisonment and freedom of action; no trial and trial; no counsel and counsel; no chance for negligence and inexcusable negligence.â340 U. S., at 202
. The Court em- phasized the importance of a Rule 60(b)(6) movantâs fault- lessness, explaining that â[t]here must be an end to litiga- tion someday, and free, calculated, deliberate choices are not to be relieved from.âId., at 198
; see also, e.g., 12 J. Moore, D. Coquillette, G. Joseph, G. Vairo, & C. Varner, Mooreâs Federal Practice §60.48[3][b], p. 60â188 (3d ed. 2024) (âIn a vast majority of the cases finding that extraor- dinary circumstances do exist . . . , the movant is completely without fault for his or her predicamentâ). Our more recent cases have consistently reaffirmed that Rule 60(b)(6) âshould only be applied in âextraordinary cir- cumstances.â â Liljeberg,486 U. S., at 864
; see Kemp,596 U. S., at 533
; Tharpe v. Sellers,583 U. S. 33, 35
(2018) (per curiam); Buck v. Davis,580 U. S. 100, 123
(2017); Christeson v. Roper,574 U. S. 373
, 380 (2015) (per curiam);
8 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
Pioneer Investment Services Co. v. Brunswick Associates
L. P., 507 U. S. 380, 393(1993). â âThis very strict interpre- tation of Rule 60(b) is essential if the finality of judgments is to be preserved.â â Gonzalez v. Crosby,545 U. S. 524, 535
(2005) (quoting Liljeberg,486 U. S., at 873
(Rehnquist,
C. J., dissenting)).
B
The Rule 60(b)(6) standard does not change when a party
seeks to reopen his case to amend his complaint. In that
circumstance, satisfaction of Rule 60(b)(6) necessarily pre-
cedes any application of Rule 15(a). Cf. Waetzig v. Halli-
burton Energy Services, Inc., 604 U. S. ___, ___â___ (2025) (slip op., at 5â6) (explaining that motion to vacate under Rule 60(b) âmust be addressed before any subsequent juris- dictional questions [are] consideredâ). Rule 15(a)âs liberal amendment policy therefore cannot weaken Rule 60(b)(6)âs âextraordinary circumstancesâ standard. Rules 60(b) and 15(a) apply at different stages of litiga- tion and demand separate inquiries. Rule 15(a) governs pretrial amendments, and sets forth a standard under which courts âshould freely give leave when justice so re- quires.â Rule 15(a)(2). The Ruleâs âpurpose is to provide maximum opportunity for each claim to be decided on its merits rather than on procedural technicalities.â 6 C. Wright, A. Miller, & M. Kane, Federal Practice and Proce- dure §1471, p. 587 (3d ed. 2010) (Wright & Miller). That standard, however, does not govern when, following a final judgment, the case is closed and there is no pending plead- ing to amend. Accord, e.g., Boyd v. Secretary, Dept. of Cor- rections,114 F. 4th 1232, 1237
(CA11 2024) (â[O]nce the
court has entered final judgment, Rule 15(a) no longer ap-
plies and no amendment is possible unless the judgment is
first set asideâ). A contrary approach âwould enable the lib-
eral amendment policy of Rule 15(a) to be employed in a
way that is contrary to the philosophy favoring finality of
Cite as: 605 U. S. ____ (2025) 9
Opinion of the Court
judgments and the expeditious termination of litigation.â 6
Wright & Miller §1489, at 816.
Thus, we disagree with the Second Circuitâs holding that
the District Court should have used a hybrid standard to
âconsider Rule 60(b) finality and Rule 15(a) liberality in
tandem.â 2024 WL 852265, *2. It is Rule 60(b)âs standardâ and only Rule 60(b)âs standardâthat applies when a party seeks relief from final judgment. A party seeking Rule 60(b)(6) relief must always demonstrate âextraordinary cir- cumstancesâ justifying relief, see Kemp,596 U. S., at 533
(internal quotation marks omitted); what he intends to do if his case is reopened does not alter that standard, see su- pra, at 6, 8â9; cf., e.g., In re Ferro Corp. Derivative Litiga- tion,511 F. 3d 611
, 624 (CA6 2008) (âPlaintiffs must first meet the threshold requirement of 60(b)(6)âs extraordinary or exceptional circumstances to vacate the judgment before seeking to conduct discoveryâ). In other words, the District Court was correct to âtrea[t] Plaintiffsâ motion to vacate and amend as calling for two distinct analyses,â with the ques- tion of vacatur under Rule 60(b)(6) preceding that of re- pleading under Rule 15(a).2024 WL 852265
, *2; accord, e.g., Daulatzai v. Maryland,97 F. 4th 166, 179
(CA4 2024)
(â[W]hen the motion to vacate is filed under Rule 60(b), the
more restrictive standard for granting that motion must be
satisfied before consideration can be given to the motion to
amendâ).
None of our analysis, however, should be taken to suggest
that a district court contravenes Rule 60(b) merely by con-
sidering a movantâs desire to amend his complaint. For ex-
ample, where a party seeks vacatur in order to amend its
pleadings, a district court is free to cite Rule 15 and
acknowledge amendment-related considerations, such as
whether a movant has had the opportunity to amend, and
the amendment standard that the party will eventually
have to meet if the Rule 60(b) motion is granted. What a
10 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
district court may not do is what the Second Circuit de-
manded here: dilute Rule 60(b)(6)âs stringent standard by
âbalanc[ing]â it with âRule 15(a)âs liberal pleading princi-
ples.â 2024 WL 852265, *2.
C
Plaintiffs insist that the Second Circuitâs approach is con-
sonant with Rule 60(b)(6) and our precedents interpreting
that provision, but their arguments are unpersuasive.
Balancing the strict standards of Rule 60(b)(6) against
the more relaxed standards of Rule 15 necessarily weakens
the former, and is thus incompatible with our long line of
precedents holding that Rule 60(b)(6) âshould only be ap-
plied in âextraordinary circumstances.â â Liljeberg, 486
U. S., at 864; accord, 6 Wright & Miller §1489, at 816. Even the Second Circuit appeared to acknowledge that its test departed from the âordinar[y]â approach to Rule 60(b)(6) under which a plaintiff may receive relief only by demon- strating â âextraordinary circumstancesâ â and showing that â âthe asserted grounds for relief are not recognized in clauses (1)â(5) of the Rule.â â2024 WL 852265
, *2.
Nor does this Courtâs decision in Foman v. Davis, 371
U. S. 178(1962), help plaintiffs. The Foman Court held that the District Courtâs denial of the petitionerâs motions to vacate the courtâs judgment and amend her complaint rested on âtechnicalitiesâ that ran contrary to âthe spirit of the Federal Rules of Civil Procedure.âId.,
at 181â182. But, Foman dealt with Rule 59(e), not Rule 60(b),id., at 181
, and âRule 60(b) differs from Rule 59(e) in just about every way that matters to the inquiry here,â Banister v. Davis,590 U. S. 504, 518
(2020). Most relevant, a Rule 60(b) motion âthreaten[s] an already final judgment with successive liti- gation,âid., at 519
, and a motion under Rule 60(b)(6) in par-
ticular may threaten final judgments years after they are
entered. See Rule 60(c)(1). In contrast, â[t]he filing of a
Rule 59(e) motion within the 28-day period âsuspends the
Cite as: 605 U. S. ____ (2025) 11
Opinion of the Court
finality of the original judgment,â â and â[o]nly the disposi-
tion of that motion ârestores th[e] finalityâ of the original
judgment.â Banister, 590 U. S., at 508. Because Rule 59(e)
does not threaten the finality of judgments to the same de-
gree that Rule 60(b)(6) does, we do not require a movant to
show the same âextraordinary circumstancesâ to receive re-
lief. See Foman, 371 U. S., at 181â182.
III
We also disagree with the Second Circuitâs disposition of
this case. District courtsâ Rule 60(b) rulings are reviewed
âonly for abuse of discretion.â Browder v. Director, Dept. of
Corrections of Ill., 434 U. S. 257, 263, n. 7(1978). That standard is âlimited and deferential.â Gonzalez,545 U. S., at 535
. To be upheld, a district courtâs decision need only â âappl[y] the correct legal standard and offe[r] substantial justificationâ â for its conclusion. Cooter & Gell v. Hartmarx Corp.,496 U. S. 384, 405
(1990). The District Courtâs de- termination that plaintiffs failed to âdemonstrat[e] any ex- traordinary circumstances warranting relief under Rule 60(b)(6),â2022 WL 1062315
, *3, easily clears that bar.
For the reasons we have explained, the District Court
was correct to âevaluat[e] Plaintiffsâ motion under only Rule
60(b)âs standard.â 2024 WL 852265, *2; see supra, at 6â9. And, the District Court offered persuasive justifications for finding that standard unsatisfiedâthat the Second Cir- cuitâs clarification of the test for aiding-and-abetting liabil- ity did not âconstitute extraordinary circumstances,â partic- ularly when plaintiffs were unlikely to succeed under that standard, and that plaintiffsâ âseries of deliberate choices not to cure the deficiencies identified in their pleadingâ also cut against them.2022 WL 1062315
, *3â*4, and n. 3; see supra, at 4. Those justifications follow from core tenets of Rule 60(b) doctrine. See, e.g., Agostini v. Felton,521 U. S. 203, 239
(1997) (âIntervening developments in the law by
12 BLOM BANK SAL v. HONICKMAN
Opinion of the Court
themselves rarely constitute the extraordinary circum-
stances required for relief under Rule 60(b)(6)â); Pioneer In-
vestment Services, 507 U. S., at 393(â âextraordinary cir- cumstancesâ â must suggest that the movant is âfaultless in the delayâ). The District Courtâs decision therefore fell within the â âwide range of choiceâ â afforded under the abuse-of-discre- tion standard. McLane Co. v. EEOC,581 U. S. 72, 83
(2017). The Second Circuit erred in holding otherwise.
* * *
The judgment of the Second Circuit is reversed, and the
case is remanded for further proceedings consistent with
this opinion.
It is so ordered.
Cite as: 605 U. S. ____ (2025) 1
Opinion of JACKSON, J.
SUPREME COURT OF THE UNITED STATES
_________________
No. 23â1259
_________________
BLOM BANK SAL, PETITIONER v. MICHAL
HONICKMAN, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
[June 5, 2025]
JUSTICE JACKSON, concurring in part and concurring in
the judgment.
I join all but Part III of the Courtâs opinion. I agree with
the Courtâs conclusion that, when a district court considers
âa movantâs desire to amend his complaintâ in the context
of a motion to reopen a case under Federal Rule of Civil
Procedure 60(b)(6), the Rule 60(b)(6) standard, rather than
the Rule 15(a) standard, applies. Ante, at 9â10. Given the
deference owed to lower courts with respect to Rule 60(b)(6)
determinations, I also agree that the District Court did not
abuse its discretion in denying reopening here. Ante, at 11â
12.
I write separately to emphasize that our affirmance of the
District Courtâs denial of reopening in this case does not re-
quire accepting all aspects of the District Courtâs reasoning.
In particular, I think the District Court was wrong to fault
plaintiffs for making a âdeliberate choic[e]â to appeal the
dismissal of their complaint in lieu of accepting various pre-
dismissal opportunities to cure purported pleading deficien-
cies. 2022 WL 1062315, *4 (EDNY, Apr. 8, 2022). The Dis- trict Court based that aspect of its reopening determination on our opinion in Ackermann v. United States,340 U. S. 193
(1950). But, as I explain below, the âchoiceâ that plaintiffs
madeâdeclining to amendâdoes not categorically preclude
Rule 60(b)(6) relief under that precedent.
2 BLOM BANK SAL v. HONICKMAN
Opinion of JACKSON, J.
I
Rule 60(b) permits district courts to reopen cases after
the entry of a final judgment âunder a limited set of circum-
stances including fraud, mistake, and newly discovered ev-
idence.â Gonzalez v. Crosby, 545 U. S. 524, 528(2005). This Rule â âattempts to strike a proper balance between the con- flicting principles that litigation must be brought to an end and that justice should be done.â â Waetzig v. Halliburton Energy Services, Inc.,604 U. S. ___
, ___ (2025) (slip op., at 3) (quoting 11 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure §2851, p. 286 (3d ed. 2012)). The sixth paragraph of Rule 60(b) is the provision at issue here; it is a âcatchallâ that permits reopening for reasons not covered in the Ruleâs preceding five paragraphs. Kemp v. United States,596 U. S. 528, 533
(2022). The opening paragraphs of subsection (b) specifically enumerate various bases for relief: mistake, newly discovered evidence, fraud, and the voiding or satisfaction of a judgment. Fed. Rules Civ. Proc. 60(b)(1)â(5). Then, under paragraph (6), a court may, âon motion and just terms,â reopen a judgment, order, or proceeding for âany other reason that justifies relief,â Rule 60(b)(6), provided that the motion is filed âwithin a reasonable time,â Rule 60(c)(1). Because of the âmutually exclusiveâ nature of Rule 60(b)âs provisions, Pioneer Investment Services Co. v. Brunswick Associates L. P.,507 U. S. 380, 393
(1993), this Court has long held that ârelief under Rule 60(b)(6) is available only in narrow circumstances,â ante, at 6. We have thus re- quired Rule 60(b)(6) movants to demonstrate that â â âex- traordinary circumstancesâ â â justify reopening the case. Kemp,596 U. S., at 533
. In this Courtâs first case applying
Rule 60(b)(6), we concluded that reopening was warranted
where a movant alleged âan extraordinary situationââ
namely, that he had been stripped of his citizenship by de-
fault judgment while he was, among other things, incarcer-
ated and in ill health. Klapprott v. United States, 335 U. S.
Cite as: 605 U. S. ____ (2025) 3
Opinion of JACKSON, J.
601, 613â614 (1949) (opinion of Black, J.). The Court con-
sidered a similar Rule 60(b)(6) request for reopening in the
context of a denaturalization proceeding one year later in
Ackermannâand reached a different outcome: We upheld
the denial of the Rule 60(b)(6) motion, expressly distin-
guishing Klapprott. 340 U. S., at 199â200. Critically, the
movant in Ackermann had sought reopening only after
âma[king] a considered choice not to appealâ the adverse
judgment. Id., at 198. Given the need for âan end to litiga-
tion someday,â we explained that a movant âcannot be re-
lieved of such a choice because hindsight seems to indicate
to him that his decision not to appeal was probably wrong.â
Ibid.
Under this line of precedent, the Court has concluded
that âdue diligenceâ by the movant is a prerequisite to ob-
taining Rule 60(b)(6) relief. Liljeberg v. Health Services Ac-
quisition Corp., 486 U. S. 847, 863, n. 11(1988). For that reason, we have consistently found reopening inappropriate where, as in Ackermann, a movant deliberately terminated the underlying litigation. A decade after Ackermann, for example, we held that a Rule 60(b)(6) movant who had âabandonedâ his appeal from a denaturalization judgment due to its perceived âsmall likelihood of . . . successâ was not entitled to reopening under Rule 60(b)(6) where he could not otherwise demonstrate extraordinary circumstances. Polites v. United States,364 U. S. 426
, 432â433 (1960). More recently, we found reopening inappropriate when a movant had âabandoned any attempt to seek review of â the decision in question. Gonzalez,545 U. S., at 537
; cf. Pio- neer,507 U. S., at 393
(explaining that, to obtain Rule
60(b)(6) relief more than one year after the entry of a final
judgment, a party must be âfaultless in the delayâ).
4 BLOM BANK SAL v. HONICKMAN
Opinion of JACKSON, J.
II
A
Relying on Ackermann, the District Court below sug-
gested that plaintiffs could not demonstrate extraordinary
circumstances because they had made a âdocumented series
of deliberate choices not to cure the deficiencies identified
in their pleading.â 2022 WL 1062315, *4 (citing Acker- mann,340 U. S., at 198
). The District Court thus faulted plaintiffs for believing that their complaint alleged suffi- cient facts and declining to amend it; they opted instead to seek clarification from the appeals court regarding the suf- ficiency of their pleading. See2022 WL 1062315
, *3 (âFun- damentally, Plaintiffs seek to amend their complaint after declining two prior opportunities to do so, and after unsuc- cessfully appealing the dismissal of that complaint with prejudiceâ). In my view, the District Court should not have assumed that Ackermannâs lack-of-due-diligence principle applies under these circumstances. Plaintiffs did not âabando[n]â this litigation. Gonzalez,545 U. S., at 537
; Polites,364 U. S., at 433
. Instead, they diligently pursued their â âstat- utory rightâ â to appeal on the grounds that, in their view, the District Court had mistakenly concluded their com- plaint was insufficient. Waetzig, 604 U. S., at ___ (slip op., at 9). To be sure, the courts below did ultimately find that the factual allegations in plaintiffsâ complaint were deficient. But that just means that plaintiffs were overconfident about the strength of their pleading and their prospect of success on appeal. A misstep of this nature is not abandon- mentâfar from itâand the fact that a plaintiff opts to ap- peal does not alone preclude Rule 60(b)(6) relief, provided that he can otherwise demonstrate extraordinary circum- stances and has not exhibited âneglect or lack of due dili- gence.â Liljeberg,486 U. S., at 863, n. 11
; cf. Buck v. Davis,580 U. S. 100
, 123â126 (2017) (holding that the use of race-
Cite as: 605 U. S. ____ (2025) 5
Opinion of JACKSON, J.
based considerations at sentencing in a capital case was an
extraordinary circumstance warranting reopening even
though the movantâs counsel had introduced the evidence
in question).
The bottom line, jurisprudentially, is that courts should
refrain from reflexively denying reopening for amendment
purposes when a Rule 60(b)(6) movantâs only purported
âfaultâ was a prior decision not to amend the complaint. See
S. Dodson, Rethinking Extraordinary Circumstances, 106
Nw. U. L. Rev. 377, 386 (2012) (arguing that Ackermann
should preclude reopening only with respect to âthose mo-
vants who deliberately stop pursuing their claimsâ).
B
A plaintiff may have good reasons for seeking clarifica-
tion from the appeals court before taking the significant
step of amending his pleading. In this case, for example,
plaintiffs allege that BLOM Bank SAL âaided and abetted
Hamasâs commission of â certain âterrorist attacks by
providing financial services to customers who were alleg-
edly affiliated with Hamas and who had helped further Ha-
masâs goals.â Ante, at 2. These are serious allegations. One
would reasonably expect plaintiffs to exercise great caution
before making additional factual assertions that further
link BLOM to alleged terrorist activities. See Fed. Rules
Civ. Proc. 11(b)â(c).
Moreover, and importantly, denying reopening after ap-
peal merely because the plaintiff previously declined to
amend the complaint risks undermining the â âstatutory
rightâ to take an appeal from any âfinal decisionâ â of a dis-
trict court. Waetzig, 604 U. S., at ___ (slip op., at 9). If a
plaintiff is necessarily at fault for Rule 60(b)(6) purposes
just because he exercised his right to appeal, then plaintiffs
will be disincentivized to go to the courts of appeals even
when they reasonably believe the allegations in their plead-
ings are sufficient. That outcome not only divests them of
6 BLOM BANK SAL v. HONICKMAN
Opinion of JACKSON, J.
their right to appellate review, but could also leave im-
portant legal questions regarding pleading sufficiency un-
answered.
It is particularly inappropriate to deny Rule 60(b)(6) reo-
pening based on a prior refusal to amend where a clear, in-
tervening change in the law supplies the necessary âex-
traordinary circumstances.â Cf. Kemp, 596 U. S., at 540(SOTOMAYOR, J., concurring) (detailing this Courtâs âsettled precedentsâ recognizing âthe availability of Rule 60(b)(6) to reopen a judgment in extraordinary circumstances, includ- ing a change in controlling lawâ). To treat the plaintiff âs prior refusals to amend as dispositive in such a situation would be manifestly inconsistent with âthe preference ex- pressed in the Federal Rules of Civil Procedure in general . . . for resolving disputes on their merits.â Krupski v. Costa Crociere S. p. A.,560 U. S. 538, 550
(2010).
* * *
This Court reviews the denial of a Rule 60(b) motion only
for an abuse of discretion, and does not opine here, in the
first instance, as to whether these plaintiffs have demon-
strated extraordinary circumstances. Ante, at 11. The Dis-
trict Courtâs primary justification for denying plaintiffsâ mo-
tion to reopen was that the Second Circuitâs âclarificationâ
of the applicable legal standard did not qualify as an ex-
traordinary circumstance, particularly when plaintiffs were
unlikely to prevail â[e]ven under the clarified standard.â
2022 WL 1062315, *3, and n. 3. I concur in todayâs judg-
ment because I agree that the District Court did not abuse
its discretion with respect to denying Rule 60(b)(6) relief on
that basis. But I find the District Courtâs alternative
ground for denying reopeningâthat plaintiffs were at fault
because they declined prior opportunities to amend their
complaintâneither âpersuasiveâ nor consistent with âcore
tenets of Rule 60(b) doctrine.â Ante, at 11. Assuming ex-
traordinary circumstances otherwise exist, a plaintiff
Cite as: 605 U. S. ____ (2025) 7
Opinion of JACKSON, J.
should not be faulted under Rule 60(b)(6) for reasonably
having chosen to appeal rather than amend his complaint.