American Alliance Insurance Co., Ltd. v. Eagle Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that filing mistake of defendant’s in-house counsel’s clerk was grossly negligent but not willful, deliberate, or evidence of bad faith
• holding that the defense \need not be ultimately persuasive at this stage\ to satisfy this factor
• holding that the defense does not have to be ultimately persuasive, but merely present the factfinder with some determination to make
• holding that the district court erred in requiring conclusive evidence of defense at motion-to-vacate stage because the court “was not the trier of fact on this issue and should not have required such evidence”
• observing that “abuses of process may be prevented by enforcing those defaults that arise from egregious or deliberate conduct”
• concluding that “gross negligence weighs somewhat against the defaulted party”

Source: CourtListener parenthetical corpus (CC0).