6.13.2011

Second Circuit Weighs in on Split Re Meaning of "Otherwise Defend" in FRCP 55(a)

Civil Procedure—Default Judgment

City of New York v. Mickalis Pawn Shop LLC
 (79 U.S.L.W. 2511) (May 2011)

Does a defendant's withdrawal from a suit after initially defending on personal jurisdiction constitute a failure to “otherwise defend” the suit under Fed. R. Civ. P. 55(a)? The Second Circuit holds that it does, agreeing with the First, Third, Fourth, Eighth, and Ninth circuits' broad reading of Rule 55;the Fifth and Eleventh circuits have read the rule more narrowly.

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