Geoffrey K. Calderone, Sr. - Page 16

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          party, counsel for the third party had secretly negotiated a deal           
          with the plaintiff whereby the third party would “settle” the               
          case for $3.5 million and assign its rights to sue the insurance            
          company, in exchange for plaintiff’s agreeing to not collect from           
          the third party.  When the plaintiff sued the insurance company             
          and moved for summary judgment, the insurance company moved to              
          set aside the previous judgment on the grounds that the court               
          before which the earlier lawsuit was brought was not informed of            
          the facts underlying the settlement and would not have approved             
          it had the court been so aware.  The court in Spence-Parker                 
          agreed, holding that such concealment constituted damage to the             
          judicial system in that the court in the earlier lawsuit would              
          not have approved the settlement had it been fully informed of              
          the facts.  Id.  In contrast to Spence-Parker, the Court did not            
          lack knowledge of a material fact so as to damage the judicial              
          process when it approved the settlement in these cases.                     
               Petitioners argue in the alternative that respondent’s and             
          Jacob’s overall conduct in these cases constituted fraud on the             
          Court.  We reject this argument.  Petitioners note in their brief           
          that “allegations that one’s attorney was grossly negligent or              
          lacked authority are insufficient to demonstrate fraud upon the             
          Court.”  Petitioners attempt to circumvent this rule by asserting           
          that Jacob’s conduct was deceitful and unethical, primarily on              
          the basis of Jacob’s involvement in the cases while under Rule              






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