· 11/30/1984
International Mailing Systems Division of Better Packages, Inc. v. United States
Citations
- 6 Cl. Ct. 762
- 32 Cont. Cas. Fed. 73,101
- 1984 U.S. Claims LEXIS 1247
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that refusal to grant relief from default was an abuse of discretion “because [default] should be reserved by a trial court as a final, not a first, sanction imposed on a litigant”
- holding that plaintiff waiting over a year before seeking default judgment strongly suggests that some further delay will not cause prejudice
- holding that when doubt exists as to whether a default should be set aside, those doubts should be resolved in favor of the defaulting party
- noting that a district court’s lack of findings or explanation in support of its Rule 60(b) denial may “defeat intelligent appellate review”
- observing that in addition to the Keegel factors, “[o]ther relevant equitable factors may also be considered”
- noting that “the factors examined in deciding whether to set aside a default or a default judgment are the same’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Margolis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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