- 47 - stated above, petitioners are not entitled to relief from the contracts by which they settled their cases. Petitioners are no more successful with their related argument that, “Under this sanction [i.e., the Court of Appeals’ mandate that the Thompson settlement be extended to all parties properly before that court] it would be unfair, inequitable, and more of a ‘reward’ than a ‘sanction’ to exclude settled petitioners.” They urge that they “have paid in substantial monies and suffered damages to their legal rights equivalent to those who have withheld monies. Clearly, the Ninth Circuit would have decreed exclusion of settled cases in the event it considered their remedies not cognizable by this Trial Court.” We disagree. The Court of Appeals’ direction that the equivalent of the Thompson settlement be extended to “appellants and all other taxpayers properly before this Court” by its terms excludes those who knowingly settled their cases after the predicate facts of the fraud on the Court were disclosed. The language of the Court of Appeals confirms our view that petitioners’ legal predicament differs fundamentally from the posture of those who did not settle. Petitioners’ cases are closed; in contrast, the cases of those who did not settle are still open. Under the doctrine of finality discussed above, we find no significance in the fact that the Court of Appeals did not specifically exclude already-Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011