Is a default judgment set aside for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from Laroque v. Qantas Airways, Ltd., 900 F.2d 263 (9th Cir. 1990):
We review the district court's decision to set aside the default judgment for abuse of discretion. Falk v. Allen, 739 F.2d 461, 462 (9th Cir.1984). A decision to set aside a default is not an abuse of discretion unless the court is "clearly wrong" in its determination of good cause. Mendoza v. Wight Vineyard Management, 783 F.2d 941, 945 (9th Cir.1986).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court have discretion to enter default judgment against a party after the clerk has entered the party's default? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
Is a motion for default judgment an abuse of discretion? (MultiRegion, United States of America)
Is a motion for default judgment for abuse of discretion granted? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion in a default judgment? (MultiRegion, United States of America)
Can a court overturn a decision not to set aside a bond posted for bail for abuse of discretion? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
In a civil case, is an instruction for abuse of discretion an instruction that a federal court should use discretion? (MultiRegion, United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
