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· 1/12/2006

Teresa F. Burrell v. Margaret Henderson, Communication Workers of America, Local 4310

Citations

  • 434 F.3d 826
  • 63 Fed. R. Serv. 3d 966
  • 2006 U.S. App. LEXIS 666
  • 97 Fair Empl. Prac. Cas. (BNA) 281
  • 2006 WL 59815

How courts have described this case

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

  • explaining that the Union Coin Meter culpability factor overlaps with Rule 60(b)(1)’s mistake, inadvertence, surprise, or excusable neglect requirement
  • finding the culpability element was met where the defendant diligently, but improperly, tried to respond and the defendant did not have notice of the default proceedings
  • listing potential reasons a delay may qualify as sufficient prejudice under Rules 55(c) and 60(b)
  • “Delay in adjudicating a plaintiff’s claim does not qualify as sufficient prejudice under Rule 55.”
  • court vacated default when defendant moved to set aside less than three weeks after clerk’s entry
  • “Court apply Rule 60(b)(1) ‘equitably and liberally . . . to achieve substantial justice.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Cole, Gilman

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.