Legal Opinion

David Nathaniel Jackson v. Malcolm Beech David Nathaniel Jackson v. Malcolm Beech

Court of Appeals for the D.C. Circuit

Decided December 19, 1980No. 79-1861, 79-2089PublishedCited by 614 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The defendants appeal the denial of their motions to permit an answer out of time and to set aside the entry of a default judgment against them. The district court considered the negligent failure to file a timely answer unjustifiable and attributed the negligence of the lawyer to the defendants themselves. Because strong policies favor the resolution of genuine disputes on their merits, negligence of a lawyer is not always imputed to his clients on a motion to set aside the entry of a default judgment. A motion for…

2Cases cited8 opinions

  1. Wilko v. SwanSupreme Court of the United States · 1953
  2. H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
  3. John C. Keegel v. Key West & Caribbean Trading Company, Inc.Court of Appeals for the D.C. Circuit · 1980
  4. Tolson v. HodgeCourt of Appeals for the Fourth Circuit · 1969
  5. Harper Sibley, Jr., Cross v. Tandy Corporation, Tandy Corporation, CrossCourt of Appeals for the Fifth Circuit · 1976

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3Cited by614 opinions

  1. Fred Traguth and Otto Handtke, Individually and Doing Business as Dance Motion Press v. D'LeLa ZuckCourt of Appeals for the Second Circuit · 1983
  2. Mwani, Odilla Mutaka v. Bin Ladin, UsamaCourt of Appeals for the D.C. Circuit · 2005
  3. Securities & Exchange Commission v. LawbaughDistrict Court, D. Maryland · 2005
  4. Davis v. MuslerCourt of Appeals for the Second Circuit · 1983
  5. Shepard Claims Service, Inc. v. William Darrah & Associates, a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1986

609 more not listed; retrieve them via the Exa API.

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