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Default Judgments — How the Law Was Built

Eleven Fifth Circuit decisions, 1985 to 2018. Each case answered a real question about when a defendant deserves a second chance — and why. Click any case to read the story behind the ruling.

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The Three-Factor Test — FRCP 55(c) & 60(b)
Established 1985 · Still controlling in the Fifth Circuit today
1
Willfulness
Was the default a deliberate choice, or an honest mistake? If willfulness is found, the court stops here — no other factors are considered.
2
Prejudice
Has the plaintiff suffered actual harm beyond delay? Requiring the plaintiff to litigate the case is never sufficient prejudice.
3
Meritorious Defense
Does the defendant have a real argument on the merits? The defense must be specific — not a bare assertion, but not a guaranteed winner either.
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Eleven cases · 1985 – 2018
Defendant wins — default set aside Default upheld — plaintiff prevails Mixed result — procedural remand
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Deadlines in default judgment practice are unforgiving. The sooner you engage counsel, the more options remain available to you.

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The information on this page is for general educational purposes only. Nothing here constitutes legal advice for any individual case or situation. Receipt or viewing does not create an attorney–client relationship. Schedule a consultation for advice specific to your situation.