Legal Opinion
Herring v. United States
Court of Appeals for the Third Circuit
Decided September 22, 2005No. 04-4270PublishedCited by 59 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
In this case we decide whether the Government’s assertion of military secrets privilege for an accident report discussing the October 6, 1948 crash of a B-29 bomber which killed three civilian engineers along with six military personnel, at Way-cross, Georgia, was fraud upon the court.
I
Actions for fraud upon the court are so rare that this Court has not previously had the occasion to articulate a legal definition of the concept. The concept of fraud upon the court challenges the very principle upon which our judicial system is based: the finality of…
2Cases cited15 opinions
- United States v. ReynoldsSupreme Court of the United States · 1953
- Central Intelligence Agency v. SimsSupreme Court of the United States · 1985
- Martha Ann Brundage Rozier v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1978
- John Demjanjuk v. Joseph PetrovskyCourt of Appeals for the Sixth Circuit · 1994
- In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. International Rectifier Corp.Court of Appeals for the Eighth Circuit · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. Yeje-CabreraCourt of Appeals for the First Circuit · 2005
- Herring v. United StatesCourt of Appeals for the Third Circuit · 2005
- Isaac v. CrichlowSuperior Court of The Virgin Islands · 2015
- Bonnell v. LawrenceNevada Supreme Court · 2012
- Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)United States Bankruptcy Court, D. Delaware · 2007
54 more not listed; retrieve them via the Exa API.