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Different Burden Of Proof For Relief From Judgment For Newly Discovered Evidence And For Fraud

Client Alert | 1 min read | 08.15.06

In Venture Industries Corp. v. Autoliv ASP, Inc., (No. 05-1537; August 7, 2006), the Federal Circuit affirms in part, vacates in part and remands the district court's denial of Autoliv's request for relief from judgment. Venture filed suit against Autoliv for breach of a supply agreement and several patent-based claims. Venture's damages expert at trial relied upon financial information from its Grand Blanc manufacturing facility. A jury found that Autoliv breached the supply agreement and awarded Venture damages. Subsequent to final judgment, a forensic accounting firm found that the Grand Blanc facility had questionable accounting procedures, and lacked proper accounting controls along with potential accounting irregularities and errors.

In view of the damages expert's testimony that he did not rely upon the faulty data identified by the forensic accounting firm, the district court's holding that Autoliv did not satisfy its burden of proof that the forensic accounting firm's findings, which was newly discovered evidence, would have altered the jury's decision is affirmed. In the Sixth Circuit, whose law governs this issue, prejudice is presumed when a party proves by clear and convincing evidence that the non-moving party's behavior constituted fraud, misrepresentation or other misconduct, and the non-moving party must show that the misbehavior did not have a prejudicial effect on the outcome of the litigation. Since the district court did not address the possibility of prejudice of the damages expert's testimony, its denial of relief from judgment for fraud is vacated.

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Client Alert | 3 min read | 02.27.26

EEOC v. Coca-Cola Beverages Northeast, Inc.: Another Step Focused on the EEOC’s Goal of Eradicating Unlawful DEI-Related Practices

On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire, alleging that the company violated Title VII of the Civil Rights Act of 1964 (Title VII) by conducting an event limited to female employees. The EEOC’s lawsuit is one of several recent actions from the EEOC in furtherance of its efforts to end what it refers to as “unlawful DEI-motivated race and sex discrimination.” See EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination | U.S. Equal Employment Opportunity Commission....