Civil Litigation
Jan. 31, 2015
Vacating judgments when service fails
When can a default judgment be vacated for claimed lack of service of the summons and complaint? By Daniel Brenner
When can a default judgment be vacated for claimed lack of service of the summons and complaint?
At the 10,000-foot level, fundamental fairness is the lodestar: "Where a person has been deprived of property in a manner contrary to the most basic tenets of due process, it is no answer to say that in his particular case due process of law would have led to the same result because he had no adequate defense upon the merits." Peralta v. Heights Med. Ctr., 485 U.S. 80, 86-87 (...
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