- 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. TheirPage: 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