Kristy Ross v. Federal Trade Commission
DueProcess Securities Privacy JusticiabilityDoctri
Whether a judgment lacking in subject matter jurisdiction under Article III is void under FRCP 60(b)(4) even with an arguable basis for jurisdiction
QUESTIONS PRESENTED The questions presented are: 1. Whether a judgment lacking in subject matter jurisdiction under Article III of the U.S. Constitution is “void” under Federal Rule of Civil Procedure 60(b)(4) even if an “arguable basis” existed for the exercise of subject matter jurisdiction. 2. Whether, if governing, the “arguable basis” test is satisfied by application of a legal principle overruled by this Court in a 9-0 decision. 3. Whether a 9-0 decision by this Court overruling erroneous circuit court decisional law per se provides no grounds for relief under Federal Rule of Civil Procedure 60(b)(6).