· 5/12/1972
Theodore R. Kupferman, as Receiver of Vickers, Christy & Co., Inc. v. Consolidated Research and Manufacturing Corporation, Daniel Jacobson
Citations
- 459 F.2d 1072
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that counsel pursuing case with known complete defense could be fraudulent, where defense was unknown to the court, or, apparently, unknown to the defending parties
- holding that counsel pursuing case with known complete defense could be fraudulent, where defense was unknown to the court, or, apparently, unknown to the defending parties
- noting that otherwise the time limitation for Rule 60(b)(3) motions would be rendered “meaningless”
- concluding court could sua sponte vacate a judgment upon a finding of fraud
- “[A]n attorney[’s] . . . loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court. And when he departs from that standard in the conduct of a case he perpetrates a fraud upon the court.”
- noting the Second Circuit adopted Moore’s formulation
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Smith, Oakes
Read full opinion on CourtListenerSourced 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.