· 6/20/1989
Matthew Madonna v. United States
Citations
- 878 F.2d 62
- 14 Fed. R. Serv. 3d 820
- 1989 U.S. App. LEXIS 9051
- 1989 WL 67932
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the court need not accept the moving party’s legal conclusions and characterizations
- granting motion for judgment in favor of defendant as to plaintiff’s fraud upon the court allegations because the plaintiff did not plead fraud with sufficient particularity
- granting motion for judgment in favor of defendant as to plaintiff’s fraud upon the court allegations because the plaintiff did not plead fraud with sufficient particularity
- affirming Rule 12(c) dismissal where the facts alleged, along with reasonable inferences in the non-moving party’s favor, were insufficient to “show any fraud or misrepresentation by the government”
- “One of the purposes of Rule 9(b) is to discourage the fifing of complaints as a pretext for discovery of unknown wrongs.” (internal quotation marks omitted)
- Rule 60(b)(2) “allows the court to relieve a party from a judgment if new evidence of fraud or mistake is discovered”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Miner, Sprizzo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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