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David Alan Schum v. Fortress Value Recovery Fund I, L.L.C., et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-10016 · judgment May 18, 2020

Certiorari denied · December 7, 2020

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The questions presented are:

Whether a claim brought under Federal Rules of Civil Procedure Rule 60(d)(3) as a result of fraud on the court by attorneys who are sworn officers of the court can be timebarred or as a result of the fraud on the court does Federal Rules of Civil Procedure Rule 60(d)(3) take precedence over all other rules with time-bars.
Whether it violates the doctrine of Stare Decisis when a Federal Court arbitrarily establishes a non-specified time bar to a claim brought under Federal Rules of Civil Procedure Rule 60(d)(3) in conflict with Supreme Court and Circuit Court precedent.

For petitioner
David A. Schum

For respondent
Michael Lewis Cook
Schulte Roth & Zabel LLP

Conference history
Distributed for 1 conference

Dec 07 2020
Petition DENIED.
Nov 10 2020
DISTRIBUTED for Conference of 12/4/2020.
Nov 05 2020
Reply of petitioner David Alan Schum filed. (Distributed)
Oct 23 2020
Brief of respondents Lawrence s. Goldberg and Schulte Roth & Zabel, L.L.P. in opposition filed.
Oct 21 2020
Waiver of right of respondent Fortress value Recovery Fund I, LLC, et al. to respond filed.
Sep 16 2020
Petition for a writ of certiorari filed. (Response due October 26, 2020)