We've posted a lot about motions for reconsideration, which tends to be a risky procedural maneuver that rarely wins (although it does happen) and often backfires by further burdening a busy court.
Motions for reconsideration can be granted where there is new evidence, a change in controlling law, a clear error of fact, or a clear error of law. This week, we got a lengthy decision from Chief Judge Connolly that touches on what exactly a "clear error" of law means.
The Court found that the standard for "clear error" is actually pretty unclear in Third Circuit and Supreme Court precedent—although other courts have addressed it:
The parties did not cite, and I have …
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