David Alan Schum v. Fortress Value Recovery Fund I, L.L.C., et al.
1. Whether a claim brought under Federal Rules of Civil Procedure Rule 60(d)(3) as a result of fraud on the court by attorneys who are sworn officers of the court can be timebarred or as a result of the fraud on the court does Federal Rules of Civil Procedure Rule 60(d)(3) take precedence over all other rules with time-bars.
2. Whether it violates the doctrine of Stare Decisis when a Federal Court arbitrarily establishes a non-specified time bar to a claim brought under Federal Rules of Civil Procedure Rule 60(d)(3) in conflict with Supreme Court and Circuit Court precedent.
Whether a claim brought under Federal Rules of Civil Procedure Rule 60(d)(3) as a result of fraud on the court can be time-barred