Weisman v. Charles E. Smith Management, Inc.’s Empirical Analysis
829 F.2d 511 · 1987
Citation profile
9 federal appellate · 1 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2014
9 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Hazel-Atlas Glass Co. v. Hartford-Empire Co. · Universal Oil Co. v. Root Rfg. Co. · Harvard v. Florida · Great Coastal Express, Inc. v. International Brotherhood of Teamsters · Williams v. McKenzie
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Often a party does not seek to overturn a judgment on [grounds of fraud] until sometime after that judgment has been affirmed on appeal or the time for appeal has elapsed ... Under such circumstances, the party seeking to overturn a federal civil judgment normally can proceed in three ways. That party can file a motion under Fed.R.Civ.P. 60(b)(3) for relief on the ground of fraud, misrepresentation or other misconduct____The aggrieved party also can seek to set aside the judgment on the narrower theory that it was obtained by “fraud on the court.” Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 , 64 S.Ct. 997 , 88 L.Ed. 1250 (1944) ... Finally the party that wishes to challenge the judgment can pursue an independent action in equity. Great Coastal Express, Inc., v. Int’l Brotherhood of Teamsters, 675 F.2d 1349 , 1357-58 (4th Cir.1982), cert. denied, 459 U.S. 1128 , 103 S.Ct. 764 , 74 L.Ed.2d 978 (1983). Under each of those approaches the proper court in which to raise the allegation that a judgment was obtained by fraud, misrepresentation, or other misconduct normally is the district court. It is obvious that a motion under Fed.R.Civ.P. 60(b)(1) or (3) or an independent action in equity should be filed in the district court. Furthermore, the proper forum in which to assert that a party has perpetrated a “fraud on the court” is the court which allegedly was a victim of that fraud.”
1 later decision quote this exact passage · from the majority“It is obvious that a motion under Fed.R.Civ.P. 60(b)(1) or (3)... should be filed in the district court.... The district court is the proper forum to determine in the first instance whether there is sufficient basis to overturn the judgments.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.