United States Federal Circuit

In an action against Merck brought by plaintiff to set aside an adverse judgment on charges of fraud pursuant to Federal Rule of Civil Procedure 60(b)(3), summary judgment for Merck and a refusal to compel discovery of certain material is affirmed where: 1) the lower court correctly found that evidence that was adduced and argument presented at a trial did not establish corruption of the judicial process; and 2) the decision not to compel discovery of material that was subject to the attorney-client privilege was proper as plaintiff did not make a prima facie showing that fraud was committed.

Appellate Information

• Decided 11/16/2007
• Published 11/16/2007

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert B. Breisblatt, Welsh & Katz, Ltd., of Chicago, IL, argued for plaintiff-appellant.   With him on the brief were Laurie A. Haynie, and Joseph E. Cwik.


• For Appellees:
  
• Nicolas G. Barzoukas, Weil, Gotshal & Manges, LLP, of Houston, TX, argued for defendant-appellee.   With him on the brief were Suzy S. Harbison, Jason C. Abair, and John F. Lynch, Howrey, LLP, of Houston Texas.