Sunday, 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


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