· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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