LabMD, Inc. v. Tiversa, Inc.

Whether a judgment obtained by fraud on a court must be set aside pursuant to Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944) and Fed. R. Civ. P. 60(d)(3) where the party who obtained the judgment perpetrated related frauds on a federal agency and Congress. Whether an attorney must be implicated in his client’s fraud on the court in order for a judgment to be set aside pursuant to Hazel-Atlas and Fed. R. Civ. P. 60(d)(3). Whether an attorney who helps his client obtain a judgment by perpetrating a fraud on a court must be counsel of record in that court in order for the judgment to be set aside pursuant to Hazel-Atlas and Fed. R. Civ. P. 60(d)(3). Whether an attorney who helps his client obtain a judgment by perpetrating a fraud on a court, who is not counsel of record in that court, must actively participate in the litigation in order for the judgment to be set aside pursuant to Hazel-Atlas and Fed. R. Civ. P. 60(d)(3). Whether a fraud on the court must be intentionally false in order to set aside a judgment pursuant to Hazel-Atlas and Fed. R. Civ. P. 60(d)(3) or will conduct that is wilfully blind to the truth or is in reckless disregard for the truth suffice.