Shepard v. Darrah
Screwed up answer, missed deadline, blamed it on secretary.
H - 3 factor test, drawn from United Coin:
1. P prejudiced?
2. D has meritorious defense?
3. D’s culpable conduct, intent to thwart court?
No intent to thwart. Don't want to throw out P's claim because his lawyer bites. However, may sanction lawyer for being sloppy.
H - 3 factor test, drawn from United Coin:
1. P prejudiced?
2. D has meritorious defense?
3. D’s culpable conduct, intent to thwart court?
No intent to thwart. Don't want to throw out P's claim because his lawyer bites. However, may sanction lawyer for being sloppy.
Tags: Answer, Default
Source:
Source:
David v. Crompton
Shredder case. Ds weren't allowed to amend their answer, which had said they didn't have enough info to answer on this allegation, and thus they were deemed to have admitted.
H - if the info. you claim you don't know was peculiarly in your control, can't say you don't know.
H - if the info. you claim you don't know was peculiarly in your control, can't say you don't know.
Tags: Answer
Source:
Source:
Zielinski v. PPI (notes)
Plaintiff sued Philly Piers (PPI) for injury on pier from forklift. Defendant made general allegation. Prob - PPI had transferred operation of pier to CCI, and this fact didn't surface til statute of limitations ran.
H - PPI estopped to deny that it ran the pier at the time of the injury both because its answer failed to alert P to the problem, and also b/c it could have denied more specifically. Ruled this way despite no finding of bad faith.
H - PPI estopped to deny that it ran the pier at the time of the injury both because its answer failed to alert P to the problem, and also b/c it could have denied more specifically. Ruled this way despite no finding of bad faith.
Tags: Answer
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Card tags:
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