context: Some eases have identified circumstances in which a change in decisional law warrants relief under 60(b)(6). For example, when judgment in a federal diversity case is based on an interpretation of state law later determined to be incorrect in light of a subsequent state court decision, the policy of federalism that guides choice of law may require relief from the erroneous judgment.
citation_a.signal: but see
citation_a.identifier: 66 F.3d 743, 749
citation_a.parenthetical: "Our role as an Erie court strengthens, rather than undermines, the proposition that a change in decisional law is insufficient to constitute an extraordinary circumstance."
citation_a.sentence: See, e.g., Pierce v. Cook & Co., 518 F.2d 720, 723 (10th Cir.1975) (“The federal courts in which plaintiffs were forced to litigate have given them substantially different treatment than that received in state.”), cert. denied, 423 U.S. 1079, 96 S.Ct. 866, 47 L.Ed.2d 89 (1976); but see Batts v. Tow-Motor Forklift Co., 66 F.3d 743, 749 (5th Cir.1995) (“Our role as an Erie court strengthens, rather than undermines, the proposition that a change in decisional law is insufficient to constitute an extraordinary circumstance.”).
citation_b.signal: see
citation_b.parenthetical: "The federal courts in which plaintiffs were forced to litigate have given them substantially different treatment than that received in state."
citation_b.sentence: See, e.g., Pierce v. Cook & Co., 518 F.2d 720, 723 (10th Cir.1975) (“The federal courts in which plaintiffs were forced to litigate have given them substantially different treatment than that received in state.”), cert. denied, 423 U.S. 1079, 96 S.Ct. 866, 47 L.Ed.2d 89 (1976); but see Batts v. Tow-Motor Forklift Co., 66 F.3d 743, 749 (5th Cir.1995) (“Our role as an Erie court strengthens, rather than undermines, the proposition that a change in decisional law is insufficient to constitute an extraordinary circumstance.”).