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July 12, 2009
Rule 60(b) and bad lawyering
When must a district court grant a Rule 60(b) motion to vacate a default judgment due to bad lawyering? Essentially never, says the Seventh Circuit. Because of the principal-agent nature of the lawyer-client relationship, which attributes the lawyer's conduct to the client, even gross omissions don't constitute exceptional circumstances. Click the link to download Bakery Machinery & Fabricattion, Inc. v. Traditional Baking, Inc: Download BMF
--RR
July 12, 2009 | Permalink
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