News & Analysis as of

Default Judgment

Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

Hendershot Cowart P.C. on

For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Ballard Spahr LLP

CFPB wins default judgment in auto dealership complaint, but federal judge rejects bureau assessment of damages

Ballard Spahr LLP on

A federal District Judge for the Northern District of Georgia, Victoria Marie Calvert, awarded a default judgment to the CFPB against USASF, a car loan servicer of loans originated by U.S. Auto Sales Inc., a buy-here,...more

Vondran Legal

G&G Closed Circuit Events Default Judgments Can be Risky Business

Vondran Legal on

We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more

Marshall Dennehey

Lack of Notification of Service of Process by Individual Served at Residence of Defendant is Not Excusable Neglect

Marshall Dennehey on

Neumoyer v. J.B. Hunt Transportation Services, Inc., 2024 WL 261164 - This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their...more

Harris Beach PLLC

Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

Harris Beach PLLC on

Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

Kilpatrick

Current Developments in Cross-Border Litigation | Recognition of Foreign Judgment

Kilpatrick on

In Baikowitz v. Jacobson, Index No. 606292/2023 (Sup. Ct. Nassau Cty. Dec. 20, 2023), Plaintiff sought to enforce a Canadian default judgment in New York state court under the New York foreign judgment enforcement statute....more

Fox Rothschild LLP

Court Grants nearly $49 Million Default Judgment Against Burger Franchisor in First FTC Franchise Lawsuit in over a Decade

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A federal district court recently granted the United States’ Motion for Default Judgment against the quick-service burger restaurant franchise concept, Burgerim Group USA, Inc. and its owner (“Burgerim”). The Federal Trade...more

Mayer Brown

Hong Kong Court Grants Declaratory Relief for Unclaimed Vehicles at Car Park

Mayer Brown on

Hong Kong’s District Court recently granted a car park operator default judgment in ATL Logistics Centre Hong Kong Ltd v. Wellfit Chun Yip Logistics Ltd DCCJ 3840/2023 for unpaid parking charges and declarations passing...more

Presley & Presley

December Bad Faith Update: No Request for Defense, No Coverage Problem

Presley & Presley on

With very limited exceptions, liability policies provide insureds with two primary benefits: ­a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with...more

Ward and Smith, P.A.

A Discharge Lesson Courtesy of the Worst Person in the World

Ward and Smith, P.A. on

Alex Jones, the despicable, chest-thumping, conspiracy-peddling radio host, for years, blabbered on his radio show that the Sandy Hook Elementary School shooting was a hoax. When the families of the murdered children sued him...more

Lewitt Hackman

Franchisor 101: Court Holds Joint Liability is Fashionable

Lewitt Hackman on

A California federal district court held that judgment entered against individual owners of a franchisor entity, KEP Fortune, LLC, finding them jointly and severally liable with the franchisor entity, was not erroneous or a...more

Axinn, Veltrop & Harkrider LLP

Default [Judgments] & the U.S. Open

The late and great tennis writer and broadcaster Bud Collins loved loud pants (Google it), nicknames (ditto), and “net cords,”* those balls that hit the top of the net and through some combination of physics and fortune fall...more

Proskauer - Blockchain and the Law

CFTC Wades into DeFi Enforcement Again

Last month, the Commodity Futures Trading Commission (CFTC) announced settled charges against three decentralized finance (DeFi) protocols for various registration and related violations under the Commodity Exchange Act (CEA)...more

Carlton Fields

Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments...

Carlton Fields on

In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural...more

Tonkon Torp LLP

Exploring Oregon HB 2001: Changes to Residential Nonpayment Evictions

Tonkon Torp LLP on

On March 29, 2023, Governor Kotek signed HB 2001 into law. This legislation contained changes to the residential eviction process in nonpayment cases. It is important for landlords and tenants alike to understand these...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Habitual TCPA Plaintiff’s Procedural Gamesmanship

In a recent condemnation of procedural “gamesmanship of the lowest order,” District Judge Michael M. Baylson not only denied a plaintiff’s request for a default judgment and for sanctions, but also sua sponte ordered the...more

Orrick, Herrington & Sutcliffe LLP

Default judgment entered against predatory immigrant-services defendants

The U.S. District Court for the Western District of Virginia recently entered default judgment against defendants accused of misrepresenting the cost of immigration bond services and deceiving migrants to keep them paying...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

Reveal on

In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for June 2023 - June 27th, 1:00 pm - 2:00 pm ET

Break the summertime blues with some red-hot eDiscovery case law disputes! Our June 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a case where discovery is “like watching...more

Lathrop GPM

New Jersey Federal Court Enforces Settlement Agreement Consent Judgment

Lathrop GPM on

A federal court in New Jersey recently granted salon franchisor Fantastic Sams summary judgment against former franchisees that failed to make payments required under a previous settlement agreement. Fantastic Sams Franchise...more

Lewitt Hackman

Franchisee 101: Default! Default!

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A federal district court in Michigan granted franchisor Little Caesar Enterprises, Inc. (LCEI) a default judgment against its former franchisee for violating the terms of the franchise agreement....more

Burr & Forman

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

Burr & Forman on

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the...more

Fox Rothschild LLP

Do Sanctions Against AWOL Litigants Make a Sound When they Land?

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If a court “throws the book” at steadfastly uncooperative litigants, did it really happen if there’s no one around to take the hit? The Business Court tested that “tree falling in the woods” theory in JCG. & Assocs., LLC v....more

Hinshaw & Culbertson - Lawyers for the...

California Court Affirms Ethical and Statutory Obligation to Warn Opposing Counsel of Intent to Seek Default

Brief Summary - In an unlawful detainer action, the plaintiff obtained a default judgment against the defendant by intentionally not serving the complaint and summons on the defendant's counsel or its registered agent....more

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