Amarin Corp Plc (AMRN)

[marjac]

Privity is a legal conclusion designating a person so identified in interest with a party to former litigation that he represents precisely the same right in respect to the subject matter involved. Headwaters, Inc. v. U.S. Forest Service, 399 F.3d 1047, 1053-54 (9th Cir. 2005). Privity arises from a “limited number of legal relationships in which two parties have identical or transferred rights with respect to the subject matter involved.” Id. at 1054. Those relationships include “corporations and their officers or shareholders.” Id.

A “party or a party’s legal representative” may bring an action pursuant to Rule 60(b). This allows one who is in privity with a party to move for relief, and constitutes an important exception to the general rule that a nonparty lacks standing to file a Rule 60(b) motion. In re La Sierra Fin. Serv., Inc., 290 B.R. 718, 728 (9th Cir. 2002); Eyak Native Village v. Exxon Corp., 25 F.3d 773, 777 (9th Cir. 1994). Thus EPADI II’s status as Amarin shareholders–disgruntled or otherwise–places EPADI II in privity with Amarin, thereby instilling Rule 60(b) standing upon EPADI II.