Federal Standard Adopted in Fraud-on-the Court Conduct

, New York Law Journal


Adopting a hard-line position against litigants who engage in deceitful and obstructionist conduct, the Court of Appeals on Thursday said judges can toss out a case when "clear and convincing" evidence shows that an individual attempted to dupe the court.

What's being said

  • Ravi Batra

    Fraud upon the Court is a sin, that mocks the very purpose and essence of the Third Branch‘s covenant to society: merit-based dispute resolution. It is high time that our Court of Appeals laid down the law, so to speak, to outlaw this practice that has found shelter within the "sharp practice" of some coupled with incivility. This was an important milestone that was desperately needed.

    The next logical step is that for every such fraud-upon-the-court offender-lawyer, licence-discipline organs be necessarily activated. There is much too much liberty being taken with hiding the truth, that even Admiral Poindexter would blush.

    As for enterprise corruption, Testwell‘s misbehavior put public safety at risk well beyond that which is known, and the Court‘s clarification will chill future would-be Testwells. Glad DA Cy Vance, Jr. persisted.

    A proud day for New Yorkers with these twin reported decisions.

    Dated: May 9, 2014
    Ravi Batra

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