Elk Run, a coal mining company, did something most of us would find reprehensible. When an employee filed for Black Lung benefits, it had three experts analyze his pathology slides. Two provided unfavorable opinions. They went with the third, and handed that evidence to other experts, who found, based on that single report, that the employee, Gary N. Fox, did not have pneumoconiosis. Elk Run presented this at an administrative hearing in 1999.
Fox represented himself, and lost. He did not obtain the two favorable reports in discovery, did not obtain his own reports, and did not cross-examine the unfavorable report's preparer on his qualifications. A few years later, after obtaining counsel, he tried again. This time, he won.
Unfortunately, due to the previous holding, Elk Run is off the hook for all damages prior to the first trip to the Administrative Law Judge. Unless, of course, Fox's surviving spouse can prove that there was a "fraud on the court" to set aside the judgment under Federal Rule of Civil Procedure 60(b)(3), which otherwise places a one-year limit on collateral attacks.