What is the test for refusing to vacate default in a personal injury case?

MultiRegion, United States of America

The following excerpt is from S.E.C. v. McNulty, 137 F.3d 732 (2nd Cir. 1998):

Id. at 739, 741. We concluded that the default was properly allowed to stand since the record was "bereft of any indication of client diligence." Id. at 741. See also Dominguez v. United States, 583 F.2d at 618 (upholding refusal to vacate default where "there [wa]s no particularized showing of exceptional circumstances explaining [counsel's] gross negligence and no indication of diligent efforts by appellant to induce him to fulfill his duty " (emphasis added)). In sum, where the attorney's conduct has been found to be willful, the willfulness will be imputed to the party himself where he makes no showing that he has made any attempt to monitor counsel's handling of the lawsuit.

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