Resolution Trust Corp. v. Copley Qu-Wayne Associates

How courts have described this case

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

• concluding that the issue of express authority of a managing partner to bind the general partner and the partnership to a confession of judgment clause is properly addressed by a petition to open and not a petition to strike
• noting that “it is improper to consider the equities of the matter in a petition to strike[.]”
• comparing the different parameters for reviewing a petition to strike versus a petition to open
• “[I]f the truth of the factual averments contained in such record are disputed, then the remedy is by a proceeding to open the judgment and not to strike”
• “[I]f the truth of the factual averments contained in [the] record are disputed, then the remedy is by a proceeding to open the judgment and not to strike.”
• “If the record is self-sustaining, the judgment will not be stricken. However, if the truth of the factual averments contained in such record are disputed, then the remedy is by a proceeding to open the judgment and not to strike.”

Source: CourtListener parenthetical corpus (CC0).