The first question for the Court is whether the lower courts, by refusing to apply equitable tolling to Fed. R. Civ. P. 60(b)(3) claims are wrongfully and unjustly protecting parties that have engaged in fraud on the court, misrepresentation and misconduct and then taken steps to prevent discovery of this evidence until the one-year deadline has expired. The second and more focused question for the Court is whether Fed. R. Civ. P. 60(b) is a mandatory claim-processing rule that is not subject to equitable tolling.

Whether the lower courts wrongfully and unjustly protected parties that engaged in fraud on the court, misrepresentation and misconduct by refusing to apply equitable tolling to Fed. R. Civ. P. 60(b)(3) claims