Legal Opinion

Matthew Madonna v. United States

Court of Appeals for the Second Circuit

Decided June 20, 1989No. 807, Docket 88-6272PublishedCited by 123 opinions

1Opinion of the Court

LUMBARD, Circuit Judge:

Matthew Madonna appeals from a judgment of the District Court for the Southern District, Carter, J., entered November 15, 1988, granting the government’s Fed.R.Civ. P. 12(c) motion to dismiss Madonna’s complaint for failure to state a claim upon which relief can be granted and for failure to plead fraud with particularity, Fed.R. Civ.P. 9(b). Madonna, seeking relief from an order of civil contempt issued against him for his refusal to testify under a grant of immunity before a grand jury, claims that the government perpetrated fraud upon the court when it misrepresented…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Fed. Sec. L. Rep. P 98,697 John P. Decker v. Massey-Ferguson, LimitedCourt of Appeals for the Second Circuit · 1982
  3. Fed. Sec. L. Rep. P 93,590 David Segal v. Lawrence Gordon, and Coburn Corporation of AmericaCourt of Appeals for the Second Circuit · 1972
  4. Richard Shemtob v. Shearson, Hammill & Co., Inc.Court of Appeals for the Second Circuit · 1971
  5. Southmark Properties and St. Charles Avenue, Inc. v. The Charles House CorporationCourt of Appeals for the Fifth Circuit · 1984

9 more not listed; retrieve them via the Exa API.

3Cited by123 opinions

  1. United States of America, Charles M. Carberry v. International Brotherhood of Teamsters, Ron Carey & William HamiltonCourt of Appeals for the Second Circuit · 2001
  2. Susan R. Wexner v. First Manhattan Co., John R. Loomis and Joseph Stein, Jr., Individually and as Co-Partners of First Manhattan CompanyCourt of Appeals for the First Circuit · 1990
  3. Craftmatic Securities Litigation v. KraftsowCourt of Appeals for the Third Circuit · 1989
  4. Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P.Supreme Court of Delaware · 1993
  5. United States Ex Rel. Chorches v. American Medical Response, Inc.Court of Appeals for the Second Circuit · 2017

118 more not listed; retrieve them via the Exa API.

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