Jesse M. and Lura L. Lewis - Page 41

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                    Allowing motions to vacate * * * after a                          
               deliberate choice has been made not to appeal, would                   
               allow litigants to circumvent the appeals process and                  
               would undermine greatly the policies supporting                        
               finality of judgments.  Litigants unsuccessful at trial                
               could forego available appeals and, should subsequent                  
               decisions in other cases render their positions viable,                
               they could move to have adverse judgments vacated.  The                
               uncertainty resulting from such a rule would be                        
               unacceptable.                                                          
               Although Ackermann and Plotkin involved litigants’ decisions           
          not to appeal, their holdings also apply to motions to vacate.              
          The U.S. Court of Appeals for the Fourth Circuit has explained:             
               We find no meaningful distinction between a motion                     
               asking for relief from a decision not to appeal, as in                 
               Ackermann, and one that asks for relief from a decision                
               to settle, as in this case.  The decision to settle a                  
               case is made in the same manner as any other decision                  
               with respect to the course of litigation, including a                  
               decision not to appeal.  A litigant weighs the chance                  
               of success against the probable cost of achieving that                 
               success through further litigation, all based on                       
               whatever limited information is available at the time.                 
               * * *  [Schwartz v. United States, 976 F.2d 213, 218-219               
          (4th Cir. 1992).]                                                           
               Thus, a party making “a conscious and informed choice of               
          litigation strategy * * * cannot in hindsight seek extraordinary            
          relief” from the consequences of that choice.  United States v.             
          Bank of N.Y., 14 F.3d 756, 759 (2d Cir. 1994).  “To hold                    
          otherwise would undermine the finality of judgments in the                  
          litigation process.”  Id. (citing Ackermann v. United States,               
          supra, and denying a motion for relief from a consent decree                
          entered pursuant to a settlement agreement).                                







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