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· 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 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.