Motion to Vacate – Paul Mollica's Federal Courts Blog

Divided Second Circuit Panel Invokes 1872 Supreme Court Decision to Toss a Default Judgment, Owing to Inconsistency in the Jury Verdict

In Henry v. Oluwole, No. 21-2468 (2d Cir. July 15, 2024), a 2-1 panel of the Second Circuit holds not only that the district court erred in refusing to reopen a default judgment before and after a jury trial, but that judgment had to be entered for the party in default due to a fatalContinue reading “Divided Second Circuit Panel Invokes 1872 Supreme Court Decision to Toss a Default Judgment, Owing to Inconsistency in the Jury Verdict”