Legal Opinion
Brandt v. American Bankers Ins. Co. of Florida
Court of Appeals for the Ninth Circuit
Decided August 10, 2011No. 10-35764PublishedCited by 120 opinions
1Opinion of the Court
OPINION
GONZALEZ, Chief District Judge:
Todd and Karen Brandt appeal the district court’s order granting American Bankers Insurance Company’s motion to set aside default judgment for excusable neglect under Fed.R.Civ.P. 60(b)(1). The Brandts argue that once the district court concluded American Bankers acted culpably in failing to respond to the complaint, it was precluded as a matter of law from setting aside the default judgment.
We hold that the district court applied the correct legal standard, and that it did not abuse its discretion.
Background
American Bankers issued a flood insurance…
2Cases cited6 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- United States v. Signed Personal Check No. 730 of MesleCourt of Appeals for the Ninth Circuit · 2010
- Eduard Falk and Lettye M. Falk v. Sun Cha AllenCourt of Appeals for the Ninth Circuit · 1984
- American Association of Naturopathic Physicians v. Donald C. Hayhurst Jane Doe HayhurstCourt of Appeals for the Ninth Circuit · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- United States v. Angela AguilarCourt of Appeals for the Ninth Circuit · 2015
- Tracht Gut, LLC v. County of Los Angeles Treasurer & Tax Collector (In Re Tracht Gut, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re SinghUnited States Bankruptcy Court, E.D. California · 2016
- John Mann v. Nationstar Mortgage, LLCCourt of Appeals for the Ninth Circuit · 2016
- (PC) Johnson v. BeardDistrict Court, E.D. California · 2021
115 more not listed; retrieve them via the Exa API.