• April 8, 2011

As the name implies, our justice system (emphasis added) is designed to be fair and to do justice.  Consequently, it disfavors “surprise attacks” or other legal tactics whereby a party or its counsel seeks advantage (or, really, total victory) through subterfuge or even, perhaps less culpably, through the mechanistic application of procedural rules to short-circuit judgment on the merits of claims and defenses.

In a recent case before U.S. District Court Judge Patrick J. Schiltz (D. Minn.), plaintiff’s lawyers appear to have taken a gamble and appear to have taken “zealous advocacy” past the point of effectiveness.  The linked opinion should give civil litigators some “do’s” and “don’ts” when considering moving for default judgments.

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