Desjarlais v. Gilman

How courts have described this case

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

• stating that courts should be particularly circumspect in considering a motion to set aside a default judgment “when the initial fault, at least, appears to be that of defendant’s attorney”
• stating that rules concerning default judgment “should be liberally construed in favor ... of resolving litigation on the merits, to the end that fairness and justice are served”
• stating that rules concerning default judgment “should be liberally construed in favor . . . of resolving litigation on the merits, to the end that fairness and justice are served”
• stating that “the rules relating to default judgments should be liberally construed in favor of defendants, and of the desirability of resolving litigation on the merits, to the end that fairness and justice are served”
• rules on reopening should be liberally construed in favor of defendants and the desirability of resolving litigation on the merits
• “A judgment by default effectively deprives a defendant of an opportunity to have the merits of his position determined through the normal adversary judicial process.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).