344 F. Supp. 2d 209 - Edes v. FREDSON’s Empirical Analysis

Citation profile

2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “My major concern is with the defendant's failure to put forth or even to suggest a meritorious defense. There is no reason to remove default in a case where there is no meritorious defense. In another case, that failure might well suffice to deny removal of the default. But given that Maine is a comparative negligence state, liability does not exist in a vacuum. It is exceedingly likely that any hearing on damages (a necessary event even if default establishes liability) will have to compare the conduct of the plaintiff against the conduct of the defendant. I conclude, therefore, that this is a case where the default should be lifted notwithstanding the defendant's failure to put forth a meritorious defense.”

   2 later decisions quote this exact passage · from the majority
   e.g. Edwards v. Eastman Outdoors, Inc. · 799 F. Supp. 2d 102 - In Re Game Tracker, Inc.

2. “(1) [WJhether the default was willful; (2) whether setting it aside would prejudice the adversary!;] (3) whether a meritorious defense is presented; (4) the nature of the defendant’s explanation for the default; (5) the good faith of the parties; (6) the amount of money involved; and (7) the timing of the motion.”

   1 later decision quote this exact passage · from the majority
   e.g. DiOrio v. Griffin (In re Vision Adventures, LLC)