Topic: a clear preference exists for cases to be adjudicated on th… · Go Syfert
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Topic #5512

5 canonical passages across 4 cases, quoted by 62 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Pecarsky v. Galaxiworld.Com Limited.

#Case FlagCanonical passage Citers
1 Pecarsky v. Galaxiworld.Com Limited Anchor
ca2 · 2001
green “a clear preference exists for cases to be adjudicated on the merits.” 17
2 American Alliance Insurance Co., Ltd. v. Eagle Insurance Company
ca2 · 1996
green “need not be ultimately persuasive at this stage” 15
3 John F. Meehan and Robert W. Fink A/K/A Meehan & Fink v. John Snow and Judy Snow
ca2 · 1981
green “the standard for setting aside the entry of a default pursuant to rule 55(c) is less rigorous than the 'excusable neglect' standard for setting aside a default judgment by motion pursuant to rule 60(b).” 13
4 John F. Meehan and Robert W. Fink A/K/A Meehan & Fink v. John Snow and Judy Snow
ca2 · 1981
green “whether the default was willful, whether setting it aside would prejudice the adversary, and whether a meritorious defense is presented.” 10
5 Sea Hope Navigation Inc. v. Novel Commodities SA
nysd · 2013
green “the determination of whether to set aside a default is left to the 'sound discretion of the judge, the person who is most familiar with the circumstances of the given case and . . . in the best position to evaluate the good faith and credibility of the parties.” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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