Case Citator › Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States

Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Fifth Circuit
Citation
891 F.2d 1154
Decided
Confirmed treatments
1
Flagged citations read
148 of 148
Citing cases (total)
499
Treatment dates
2007
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. All 148 flagged citations to Simon v. United States have been read. One bankruptcy court limited Simon's Rule 59(e) statement about arguments raised after judgment, as described below.
More on how this was screened

Later opinions continue to apply Simon's rule against raising arguments that could have been presented before judgment.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

499 later cases cite Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States; 148 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The bankruptcy court read Simon's rule against new arguments after judgment as a warning to litigants and held that a trial court may consider a late argument in its discretion.

    HSBC Bank USA v. United Air Lines, Inc. (In re UAL Corp.) · U.S. Bankruptcy Court for the Northern District of Illinois · filed

    However, the statements relied on by United serve more as a warning to litigants—that Rule 59(e) accords no right to make untimely post-judgment arguments—than as a limit on a trial court’s discretion to consider such arguments. ... Similar statements appear in Simon v. United States., 891 F.2d 1154, 1159 (5th Cir.1990), and Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir. 1990) (Rule 59(e) is aimed at reconsideration, not initial consideration.)
    Read the full opinion on CourtListener →

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