United States First Circuit

In an action for breach of contract arising from the purchase of a printing press, grant of plaintiff's motion for default judgment is vacated and remanded where: 1) defendant's default was not willful; 2) plaintiff will not be prejudiced if the default is set aside; 3) defendant has met its burden of establishing the existence of a meritorious defense; and 4) there is little reason to defer to district court's ruling as it did not explain why it denied defendant's motion to set aside the default.

Appellate Information

• Decided 02/24/2010
• Published 02/24/2010

Judges

• HOWARD, Circuit Judge., Before LYNCH, Chief Judge, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Seth H. Salinger, for appellant.


• For Appellees:
  
• Thomas W. Evans, with whom Zelle McDonough & Cohen LLP, was on brief, for appellee.