- 8 - Cravenses than respondent’s 7-percent reduction project settlement offer, which had been available to Kersting project participants during 1982 through 1988. In Dixon II, the Court sustained almost all of respondent’s deficiency determinations in the test cases. After the Court entered decisions for respondent in the test cases in accordance with Dixon II, respondent’s management discovered the Thompson and Cravens settlements and disclosed them to the Court. On June 9, 1992, respondent filed motions for leave to file motions to vacate the decisions entered against the Thompsons, the Cravenses, and another test case petitioner, Ralph J. Rina (Rina). Respondent asked the Court to conduct an evidentiary hearing to determine whether the undisclosed agreements with the Thompsons and the Cravenses had affected the trial of the test cases or the opinion of the Court. In the meantime (on May 14, 1992), the other test case petitioners, who continued to be represented by Izen, had appealed the Court’s decisions against them. On June 22, 1992, the Court granted respondent’s motions to vacate the decisions filed in the Thompson and Cravens cases and denied respondent’s request for an evidentiary hearing. By order dated June 22, 1992, the Court also denied respondent’s motion to vacate the decision against Rina, on the ground that the testimony, stipulated facts, and exhibits relating to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011