explaining that a Rule 59(e) motion cannot be used to relitigate matters that already have been considered or to raise arguments or present evidence that could have been raised before the judgment was entered
How later courts described this case
- explaining that a Rule 59(e) motion cannot be used to relitigate matters that already have been considered or to raise arguments or present evidence that could have been raised before the judgment was entered
- explaining that Rule 59(e) motions may not be “used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment” (citation modified)
- stating a motion to alter or amend a judgment may not be used “ ‘to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment’ ”
- explaining that, in an appeal from a Rule 12(b)(6) dismissal, we must “accept[ ] the complaint’s allegations as true and constru[e] them in the light most favorable to the plaintiff”
Written by the judges who cited it.
The opinion
BARKETT, Circuit Judge,
concurring in result:
I agree that Arthur is not legally entitled to relief on this claim.