In support of a motion to set aside a default judgment, in what circumstances have courts considered this argument?
MultiRegion, United States of America
The following excerpt is from Davis v. Musler, 713 F.2d 907 (2nd Cir. 1983):
We are aware of only one case in which an analogous argument was advanced in support of a motion to set aside a default judgment. McVicker v. Donnelly, 95 F.R.D. 353 (E.D.Pa.1982). The court there held: "This confusion resulting from the time proximity and subject matter similarity of the two proceedings clearly demonstrate that defendant's failure to respond constitutes 'excusable neglect.' " Id. at 355.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
In a motion for a new trial, in what circumstances will the US Supreme Court grant a motion to reverse the judgment of the district court and remand for new trial? (MultiRegion, United States of America)
What factors are considered to support a motion for default judgment? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What factors will be considered by the courts in entering a default judgment? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion that would have allowed the issue to be waived? (MultiRegion, United States of America)
