No. 18-435

LabMD, Inc. v. Tiversa, Inc.

Lower Court: Eleventh Circuit
Docketed: 2018-10-05
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure federal-agency fraud-on-court fraud-on-the-court government-fraud hazel-atlas intentional-misrepresentation judicial-procedure mens-rea rule-60 rule-60(d)(3) standing wilful-blindness
Key Terms:
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Latest Conference: 2018-11-09
Question Presented (from Petition)

Whether a judgment obtained by fraud on a
court must be set aside pursuant to Hazel-Atlas Glass
Co. v. Hartford-Empire Co., 322 U.S. 238 (1944) and
Fed. R. Civ. P. 60(d)(3) where the party who obtained
the judgment perpetrated related frauds on a federal
agency and Congress.

Whether an attorney must be implicated in his
client's fraud on the court in order for a judgment to
be set aside pursuant to Hazel-Atlas and Fed. R. Civ.
P. 60(d)(3).

Whether an attorney who helps his client
obtain a judgment by perpetrating a fraud on a court
must be counsel of record in that court in order for the
judgment to be set aside pursuant to Hazel-Atlas and
Fed. R. Civ. P. 60(d)(3).

Whether an attorney who helps his client
obtain a judgment by perpetrating a fraud on a court,
who is not counsel of record in that court, must
actively participate in the litigation in order for the
judgment to be set aside pursuant to Hazel-Atlas and
Fed. R. Civ. P. 60(d)(3).

Whether a fraud on the court must be
intentionally false in order to set aside a judgment
pursuant to Hazel-Atlas and Fed. R. Civ. P. 60(d)(3) or
will conduct that is wilfully blind to the truth or is in
reckless disregard for the truth suffice.

Question Presented (AI Summary)

Whether a judgment obtained by fraud on a court must be set aside

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-10-09
Waiver of right of respondent Tiversa, Inc. to respond filed.
2018-09-07
Petition for a writ of certiorari filed. (Response due November 5, 2018)
2018-06-28
Application (18A2) granted by Justice Thomas extending the time to file until September 7, 2018.
2018-06-25
Application (18A2) to extend the time to file a petition for a writ of certiorari from July 9, 2018 to September 7, 2018, submitted to Justice Thomas.

Attorneys

LabMD, Inc.
James W. HawkinsJames W. Hawkins, LLC, Petitioner
Tiversa, Inc.
Jarrod D. ShawMcGuireWoods, LLP, Respondent