- 279 -
decision; (2) setting aside the judgment pursuant to rule 60(b)
of the Federal Rules of Civil Procedure would be a "fruitless"
gesture, inasmuch as Robertson could not prevail on his cross-
claims against Fraser in any event; and (3) other remedies, such
as disciplinary proceedings, were available to protect the
judicial system from the harm arising from Warren's misconduct.
See id. at 425; see also Chao v. Commissioner, 92 T.C. at 1144-
1145 (where the Court declined to set aside a final judgment for
alleged fraud on the Court where the taxpayers could not show
that the Court's decision would be different).
The final case in the survey, Pumphrey v. K.W. Thompson Tool
Co., 62 F.3d 1128 (9th Cir. 1995), held that in-house counsel for
a defendant/gun manufacturer had committed fraud on the court in
a products liability action by failing to disclose an
incriminating videotape of a product test. Melvin Sparks
(Sparks) had dropped a handgun manufactured by defendant K.W.
Thompson Tool Co. (Thompson) and was killed when the gun
discharged. In a wrongful death action by Sparks' heirs,
Thompson introduced a videotape of drop tests of the handgun, and
relied upon the testimony of its expert witness who had conducted
the tests, to support its contention that the gun had never fired
in a drop test. The jury held that the plaintiffs had suffered
$100,000 in damages, but that Sparks was 80 percent
contributorily negligent.
Following entry of judgment in the case, the plaintiffs
learned that Thompson possessed a videotape, made the same day as
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