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Articles Posted in default judgment

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Defendant’s Discovery Abuse Results in Default Judgment of $8,000,000, Plus Fees

What do you do when a party to a lawsuit intentionally refuses to follow the rules?  One judge in Washington State knew what to do: the judge struck the defendant’s answer, entered judgment for $8,000,000, and awarded attorneys’ fees.  Last week the Washington Supreme Court had upheld the award. The…

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Does Error of Counsel Justify Setting Aside a Default Judgment?

Not in the Seventh Circuit, it doesn’t.   In Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc.,  No 08-1967 (7th Cir. June 29, 2009) the Court of Appeals for the Seventh Circuit refused to vacate a default judgment under Rule 60(b)(6). The Court ruled as follows: [W]e drew a clear…

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