The 3rd Circuit has rejected an appeal by lawyers from Drinker Biddle & Reath who argued that recently declassified documents proved that military officials "lied" to the courts in a 1949 lawsuit brought by widows of engineers who died in the crash of a B-29 bomber. The decision announces an extremely difficult test for proving a "fraud upon the court." Judge Ruggero J. Aldisert wrote that the concept "challenges the very principle upon which our judicial system is based: the finality of a judgment."
3rd Circuit Finds No 'Fraud on the Courts' in 50-Year-Old Case
The Legal Intelligencer
September 26, 2005