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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.