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Adam Leitman Bailey Wins Rare Case Where Court Refuses to Open Up Adversary’s Default

When a client sought Adam Leitman Bailey, P.C.’s help after a defendant failed to respond to a summons and complaint, the attorneys at Adam Leitman Bailey, P.C. advocated on behalf of the plaintiff and won a default judgment against the defendants. In this case, the defendants sought to vacate a default judgment. To vacate a default judgment the defendant must prove: (1) a reasonable excuse for the default; and (2) a meritorious claim or defense. Typically, courts give leeway to excuses and claims asserted by the party attempting to vacate a default judgment. Consequently, the default judgment is often vacated and the case is decided on its merits. However, through extensive research and attention to detail, the attorneys at Adam Leitman Bailey, P.C. successfully showed the judge that merely being adversarial is not sufficient to prevail on the merits of the case; therefore, the judge ruled that the default judgment should not be vacated.

Adam Leitman Bailey represented the client in this matter.

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