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In the case of Masters v Leaver [5] it was held that a judgment in default means just that – it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favors one or other case. Therefore, if the issue arises again, the defendant is not prevented from arguing the facts again.
Default judgment: a default judgment is available where the defendant does not file acknowledgment of service or fails to file a defence. [84] A default judgment may be set aside or varied if he defendant demonstrates “a real prospect of successfully defending the claim” or where exceptional circumstances apply. [85]
a default that is deliberate, in the sense that the person committing the relevant act knew that it was a default (i.e. in this case a breach of contract). I consider that it does not extend to recklessness and is therefore narrower than wilful misconduct (although the latter will embrace deliberate default). [1] Before the De Beers case there ...
We've warned you about this before: If you rack up big credit card debts, it's perfectly legal for those credit card companies -- or the debt collection firms they sell the debts to after they've ...
But in a Thursday interview with ABC News' Jonathan Karl, Trump suggested the impact of the U.S. government defaulting on its bills could "possibly mean nothing." "Nobody really knows.
New York State and Connecticut are two of a small minority of U.S. jurisdictions that do not simply allow a judgment creditor to file a foreign judgment from a sister state if the judgment was obtained by default (meaning the other side never showed up for to contest its entry in the other state by, for example, defending himself at trial) or ...
A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).
Disclaimer: These summaries are provided for educational purposes only by Nelson Rosario and Stephen Palley. They are not legal advice.The post Ousted EtherDEG CEO requests $2.25M default ...
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