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· 8/4/2010

United States v. Signed Personal Check No. 730 of Mesle

Citations

  • 615 F.3d 1085
  • 2010 WL 3025014

How courts have described this case

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

  • noting that it was “sufficient to observe that 24 Mesle is not a lawyer and that he was unrepresented at the time of default ....”
  • noting that “[a]ll that is necessary to satisfy the ‘meritorious defense’ requirement is to allege sufficient facts that, if true, would constitute a defense”
  • explaining that 15 “judgment by default is a drastic step appropriate only in extreme circumstances”
  • holding that “[i]t is possible to reconcile the language in Franchise Holding II with the standard in TCI Group. When considering a legally sophisticated party's culpability in a default, an understanding of the consequences of its actions may be assumed, and with it, intentionality.”
  • stating that the list is disjunctive and “finding that any one of these factors is true is sufficient reason for the district court to refuse to set aside the default.”
  • explaining that a court “must consider three factors,” any of which, if met, is alone “sufficient reason for the district court to refuse to set aside the default” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Reinhardt, Whaley

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.