U.S. Court of Appeals 6th Circuit Case Summaries: December 4, 2006. | Michigan Lawyers Weekly (December, 2006)

U.S. Court of Appeals 6th Circuit Case Summaries December 4, 2006. Michigan Lawyers Weekly:

"Civil Procedure

Perjury - New Suit Dismissed

A plaintiff who admitted that she committed perjury in prior litigation when she disclaimed any interest in certain real property will not be permitted to now file a suit in which she claims an interest in the same property and seeks to quiet title in her favor.

'The core issue facing the Court is whether the Plaintiff, who has previously testified in another action that she had no interest or claim in the Houstonia Property, can subsequently file a lawsuit claiming an interest in the same property, based on her concession that her prior testimony was perjury. Stated another way, can an admitted perjurer be allowed to use the court system to file a cause of action in direct contradiction to her prior perjury when the perjury relates to very core of new action? The Court finds that the Plaintiff's case must be dismissed because to hold otherwise would reward the Plaintiff for committing perjury, committing criminal contempt of court, engaging in wrongful conduct, offering contradictory affidavits, and committing fraud on the court. Furthermore, the Court must invoke its inherent constitutional authority to bar the action as means to prevent the perversion of the administration of justice and the integrity of the court system.'

Robinson v. Malik. (Oakland County Circuit Court) (Lawyers Weekly No. 10-61102) (15 pages) (Warren, J.)."