12 Wyoming opinions name it 1 courts 1992–2026 3 in the last five years
The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Amernational Industries, Inc. v. Action-Tungsram, Inc., Electroexportimportgreen2 sentences1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)). 1997Whether culpable conduct of the defendant led to the default.’ ” Carlson [v. Carlson], 836 P.2d [297], 301-02 [ (Wyo.1992) ] (quoting Amernational Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991)). 847 P.2d at 998 . | 7 | 7 |
M & a Construction Corp. v. Akzo Nobel Coatings, Inc.green2 sentences2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors. 2014The three factors that this Court has held are relevant to this determination are: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (8) whether culpable conduct of the defendant led to the default M & A Const. Corp. v. Akzo Nobel Coatings, Inc., 936 P.2d 451, 454-55 (Wyo.1997). [¶14] Likewise, W.R.C.P. 60(b) provides the procedure for setting aside a default judgment, in pertinent part: (b) Other reasons.-On motion, and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, | 2 | 3 |
Vanasse v. Ramsaygreen2 sentences2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors. 1997Whether culpable conduct of the defendant led to the default.’ ” Carlson [v. Carlson], 836 P.2d [297], 301-02 [ (Wyo.1992) ] (quoting Amernational Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991)). 847 P.2d at 998 . | 1 | 4 |
Carlson v. Carlsongreen2 sentences1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)). 1994Vanasse , at 998; see also Carlson v. Carlson, 836 P.2d 297, 301-02 (Wyo.1992); Amer national Indus., Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.1991). | 1 | 3 |
Hurd v. State (In re EMM)green2 sentences2022W.R.C.P. 55(c) states: “The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).” When determining whether to set aside an entry of default, the district court considers three factors: “(1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether the culpable conduct of the defendant led to the default.” In re EMM at ¶ 11, 414 P.3d at 1160 (quoting In re HLL, ¶ 36, 372 P.3d at 192 ). 2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c | 1 | 2 |
First Southwestern Financial Services v. Lairdgreen1 sentence2026See M & A Const. Corp., 936 P.2d at 454–55 (citing First Southwestern Financial Services, 882 P.2d at 1215 ; Vanasse, 847 P.2d at 998 ). [¶25] As noted above, Mr. Moran offered nothing related to these three factors. | 1 | 1 |
Kelly Suzanne Brush, F/K/A Kelly Suzanne Davis v. Roger Ryan Davisgreen2 sentences2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c 2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c | 1 | 1 |
Chevron U.S.A., Inc. v. Department of Revenuegreen2 sentences2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers 2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers | 1 | 1 |
Crossan v. Irrigation Development Corp.green1 sentence2014"Exeusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, ... and other situations where such behavior might be the act of a reasonably prudent person under the cireumstances." Crossan v. Irrigation Development Corp., 598 P.2d 812, 813 (Wyo.1979) (quoted in Chevron U.S.A., Inc., v. Department of Revenue, 2007 WY 62, ¶9 , 155 P.3d 1041, 1043 (Wyo.2007)). [T15] Whether it be due to excusable neglect, good cause, or otherwise, this Court has consistently applied strict standards in both affirming and revers | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the Matter of the Termination of Parental Rights To HLL and KGS, Minor Children: CLB v. State of Wyoming, Department of Family Services
green
2 sentences2022W.R.C.P. 55(c) states: “The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).” When determining whether to set aside an entry of default, the district court considers three factors: “(1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether the culpable conduct of the defendant led to the default.” In re EMM at ¶ 11, 414 P.3d at 1160 (quoting In re HLL, ¶ 36, 372 P.3d at 192 ). 2021Brush v. Davis, 2013 WY 161, ¶ 21 , 315 P.3d 648, 654 (Wyo. 2013). [¶19] “In exercising its discretion, a trial court must consider three factors when resolving a motion to set aside the entry of default: (1) whether the plaintiff will be prejudiced; (2) whether the defendant has a meritorious defense; and (3) whether culpable conduct of the defendant led to the default.” EMM, ¶ 11, 414 P.3d at 1160 (internal quotation marks omitted) (citing HLL, ¶ 36, 372 P.3d at 192 ). “[N]o single factor is dispositive of the issue, and the ultimate determination . . . is made by weighing or balancing the c | 2 | 2021–2022 |
Iowa District Court v. Iowa
green
1 sentence1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)). | 1 | 1997–1997 |
Darboven v. Nickolopoulos
green
1 sentence1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)). | 1 | 1997–1997 |
Amernational Industries, Inc. v. Electroexportimport
green
1 sentence1997Whether culpable conduct of the defendant led to the default.” Carlson, 836 P.2d at 301 -02 (quoting Amernational Industries, Inc. v. Action-Tungsram, Inc., 925 F.2d 970, 976 (6th Cir.), cert. denied, 501 U.S. 1233 , 111 S.Ct. 2857 , 115 L.Ed.2d 1024 (1991)). | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.