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· 2/24/2010

Indigo America, Inc. v. Big Impressions, LLC.

Citations

  • 597 F.3d 1
  • 2010 U.S. App. LEXIS 3858
  • 2010 WL 625408

How courts have described this case

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

  • holding that the defense need only be factually “cognizable” or “arguable”
  • noting that a party is not required to prove a potentially meritorious defense at this stage
  • noting “long-standing rule barring persons who are not licensed to practice law from representing corporations in judicial proceedings”
  • explaining that “[t]here is no mechanical formula for determining 1 Defendant PRASA also filed its answer to the complaint as a separate docket entry. See Docket No. 42. 2 The Court notes that Defendant PRASA’s motion erroneously invokes Federal Rule of Civil Procedure 60(b
  • noting “obvious significance” of meritorious defense because, without such, “it makes little sense to set aside the entry of default, as doing so would merely delay the inevitable”
  • Moving party’s “prejudice falls particularly flat here because it easily could have prevented the delay” when the moving party waited eight months to file a motion for default.

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Stahl, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.