News & Analysis as of

Default Judgment Rules of Civil Procedure

McDermott Will & Emery

Message Received: Service of Complaint by Email Found Sufficient

The US Court of Appeals for the Fifth Circuit affirmed the district court’s entry of default judgment against the defendant because email service of the complaint was proper under the Federal Rules of Civil Procedure and the...more

BCLP

As ‘the world shifted on its axis on 23 March 2020’ – where does one now serve the claim form?

BCLP on

Much has been written over the last 3 months on where proceedings should be served during the current COVID-19 pandemic. After all, across the country people have exchanged their usual offices for a life of ‘working from...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Skilled Lawyering Saves Defendant from Default Judgment in Products Liability Lawsuit

In a products liability lawsuit against the manufacturer and seller, a plaintiff asserted claims of strict products liability, breach of warranty, negligence, gross negligence, and consumer fraud. One defendant filed a...more

Winstead PC

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

Winstead PC on

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex....more

Bennett Jones LLP

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

Bennett Jones LLP on

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

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