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· 10/15/1996

Weese v. Schukman

Citations

  • 98 F.3d 542
  • 45 Fed. R. Serv. 1075
  • 1996 U.S. App. LEXIS 26800
  • 1996 WL 589377

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that allegations that defendant concealed material facts in discovery and at trial, “even if true, cannot properly be characterized as fraud on the court”
  • noting that “fraud on the court should embrace only that species of fraud which does or attempts to, subvert the integrity of the court itself, or is a fraud perpetrated by officers of the court”
  • upholding the district court’s admission of a physician’s testimony as lay opinion where the testimony was helpful and drew from his general experience as a physician
  • “Intent to defraud is an absolute prerequisite to a finding of fraud on the court.... ”
  • “Generally speaking, only the most egregious misconduct, such as bribery of a judge or members of a jury, or the fabrication of evidence by a party in which an attorney is implicated will constitute a fraud on the court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Porfilio, Brorby, Ebel

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.