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United States Fourth Circuit

Fox v. Elk Run Coal Company, Inc., 12-2387

In an action involving a claim for Black Lung Benefits, the Benefits Review Board's holding that defendant's conduct of failing to disclose all the relevant medical evidence to its own experts was not sufficiently egregious to meet the high bar for a claim of fraud on the court, is affirmed, where defendant's conduct, while hardly admirable, did not, under clear Supreme Court and circuit precedent, demonstrate the commission of a fraud upon the court.

Appellate Information

  • Decided 01/03/2014
  • Published 01/03/2014




  • United States Fourth Circuit


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