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· 10/18/2013

McCaffrey v. Colvin

Citations

  • 978 F. Supp. 2d 88
  • 2013 WL 5670912
  • 2013 U.S. Dist. LEXIS 150124

How courts have described this case

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

  • holding that illness alone was insufficient where attorney “failed to communicate with either opposing counsel or the court to apprise them of the serious nature of his medical condition he now claims to be the reason for his misfeasance”
  • stating that “illness alone is not a sufficient basis for setting aside a judgment under Rule 60(b)(1)”
  • noting that counsel “did not act diligently or promptly” by failing to inform his client of a medical condition that interfered with representation
  • noting that “gross negligence on the part of counsel does not fall within the scope of excusable neglect as defined by Rule 60(b)(1)”
  • “[I]llness alone is not a sufficient basis for setting aside a judgment under Rule 60(b)(1)”
  • in the same context, holding that illness alone is insufficient where attorney “failed to communicate with either opposing counsel or the court to apprise them of the serious nature of his medical condition he now claims to be the reason for his misfeasance”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stearns

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.