fraud upon the court

• How a Civil Lawsuit in Missouri Inadvertently Exposed 'a Fraud Upon the Court'

How a civil lawsuit inadvertently exposed 'a fraud upon the court' One word.

• Daily Record and the Kansas City Daily News-Press
• February 17, 2009

• Derico v. Schimoler, (Ohio 2011)

Foreign judgment; Full Faith and Credit clause; fraud upon the court

• Ohio Supreme Court

• Fraud Upon the U.S. Supreme Court Alleged: Full Disclosure Network(R) Report

WASHINGTON, July 13 /PRNewswire-USNewswire/ -- The Full Disclosure Network(R) website posted U. S. Supreme Court Documents alleging judicial "Fraud Upon The Court" that lends credibility to claims of judicial corruption in California. In 2008 Sturgeon vs County of Los Angeles the California Court of Appeals held payments to State Superior Court Judges by Los Angeles County were illegal. The corruption was confirmed when California legislators quietly enacted Senate Bill SBX2 11 in 2009, giving retroactive immunity from criminal prosecution to judges and officials involved in the payment scheme since 1987. http://blog.fulldisclosure.net/2010/07/judge-under-fire-to- retire-contempt.html

• U.S. Newswire
• July 13, 2010

• Case Digests

S. Court of Appeals for the Second Circuit Fraud Upon Court

• Daily Record (Rochester, NY)
• July 21, 2009

• K.H. v. A.S., (Ohio 2011)

No grounds for relief under Civ.R. 60(B)(5) existed; there was no evidence of fraud upon the court and the motion was not brought within a reasonable time.

• Ohio Supreme Court

• Patricia J. Herring, Individually; Judith Palya Loether, Individually and as a Living Heir of Elizabeth Palya (Deceased); William Palya, Individually and as a Living Heir of Elizabeth Palya (Deceased); Robert Palya, Individually and as a Living Heir of Elizabeth Palya (Deceased); Susan Brauner, Individually and as a Living Heir of Phyllis Brauner (Deceased); Catherine Brauner, Individually and as a Living Heir of Phyllis Brauner (Deceased), Appellants v. United States of America., 424 F.3d 384 (3rd Cir. 2005)

...OPINION OF THE COURT. ALDISERT, Circuit Judge. In this case we decide w... personnel, at Waycross, Georgia, was fraud upon the court. I. Actions for fraud upon the cour...

• Federal Circuits

• Figueroa v. Showtime Builders, Inc., (Ohio 2011)

A TRIAL COURT HAS JURISDICTION TO CONSIDER A MOTION FOR RELIEF FROM JUDGMENT CONCERNING A CONDITIONAL DISMISSAL WITHOUT PREJUDICE; THE TRIAL COURT DID NOT ABUSE ITS DISCRETION IN GRANTING RELIEF FROM JUDGMENT BASED UPON CIV.R. 60(B)(5) AND “FRAUD UPON THE COURT”; TRIAL COURT COULD PROPERLY ENFORCE THE PARTIES’ AGREEMENT MADE BEFORE IT AND ON THE RECORD.

... that Showtime had committed a fraud upon the  court.    This type of fraud “embrace[s]...

• Ohio Supreme Court

• Jackson County Circuit Court Tosses Guilty Plea in Abandoned Body Case

A Jackson County judge issued a sharply worded opinion that threw out a man's 22-year criminal sentence and said the county prosecutor's office "perpetrated a fraud upon the trial court" for withholding evidence in the case. Judge Edith Messina set aside Matthew Davis' guilty plea stemming from a June 2004 incident in which he was accused of abandoning his girlfriend's body in a car. He received a 22-year prison sentence and was, in a separate but related civil suit in 2007, ordered to pay $500,000.

• St. Charles County Business Record
• February 12, 2009

• In re J.S., (Ohio 2012)

The trial court erred when it applied R.C. 3119.83 to prohibit a retroactive correction in child support, to a time before the request was made, where a fraud was perpetrated upon the court, and the obligee was entitled to the payments that would have otherwise been due absent the fraud. Reversed and remanded for further proceedings consistent with this opinion. (Grady, P.J., concurring).

• Ohio Supreme Court

• Owca v. Owca, (Ohio 2006)

Civ. R. 60(B) – divorce - fraud upon the court - judgment entry - motion for relief from judgment.

• Ohio Supreme Court