Jesse M. and Lura L. Lewis - Page 59

                                        - 59 -                                        
          held by the Court of Appeals for the Ninth Circuit to constitute            
          fraud on the Court and, hence, to justify entitlement by the                
          litigants remaining before the Court to the benefits of the                 
          Thompson settlement as we finally determine and apply them.  Here           
          petitioners, although aware of the predicate facts, deliberately            
          gave up any right to participate in the benefits of that                    
          settlement.  Because of their decision to settle, petitioners’              
          legal situation decisively differs from that of the other                   
          Kersting project petitioners who rejected or failed to respond to           
          respondent’s posttrial settlement offer.  By settling as they               
          did, petitioners reduced their proposed deficiencies, eliminated            
          all additions, stopped the further accrual of interest against              
          them by paying the reduced deficiencies, and put an end to their            
          participation in litigation that, to date, has lasted more than             
          12 years beyond the date they chose to settle.  When they did so,           
          they also assumed the risk that, as a result of the appeals                 
          pending when they chose to settle, other Kersting project                   
          petitioners might become entitled to a more favorable outcome.              
               We conclude that petitioners’ stipulated decisions are                 
          final, inasmuch as petitioners agreed to those decisions with the           
          advice of experienced counsel.  At the time of the settlements,             
          their counsel, who signed the decision documents, were aware of             
          the misconduct that ultimately led the Court of Appeals to decide           
          that such misconduct constituted fraud on the court.  Their                 






Page:  Previous  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  Next

Last modified: May 25, 2011