Shepard v. Darrah
Screwed up answer, missed deadline, blamed it on secretary.
H - 3 factor test, drawn from United Coin:
1. P prejudiced?
2. D has meritorious defense?
3. D’s culpable conduct, intent to thwart court?
No intent to thwart. Don't want to throw out P's claim because his lawyer bites. However, may sanction lawyer for being sloppy.
H - 3 factor test, drawn from United Coin:
1. P prejudiced?
2. D has meritorious defense?
3. D’s culpable conduct, intent to thwart court?
No intent to thwart. Don't want to throw out P's claim because his lawyer bites. However, may sanction lawyer for being sloppy.
Tags: Answer, Default
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Card tags:
All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
Topics (2)
TRO (2)
