Brudvik Law Office
701-786-6177 Call now for a free consultation

You always hope the other side defaults

During litigation, you presume the other side is going to fight as aggressively as you are to win. However, on occasion, you may come across another party who folds almost immediately or shortly after the litigation begins. This can be optimal, although how optimal may depend on the reason behind the default.

A default judgment is typically issued by a court in North Dakota or in any jurisdiction because of the failure of one of the parties to respond to either the filing of a complaint, which begins most litigation or at a later step in the process.

In a recent patent infringement case, the manufacturer Nestle sued a company that it believed was infringing on its Nespresso coffee pod system. Nestle filed a complaint alleging this infringement and the infringing entity failed to respond to raise any defense.

This led the court to issue a default judgment, which allowed all of Nestlé's requests. This is because the claims were all uncontested and by failing to file a response, the court had nothing beyond the claims made in Nestlé's complaint to base any order upon.

This is why you always want to respond to any lawsuit, no matter how frivolous you think the claims asserted may be. Failure to timely respond could make you legally responsible for satisfying whatever "relief" the other party requested.

Courts have no means of discerning the "truth" except by that information which the parties provide. In an adversary process like that of American courts, each side is expected to "prove" its arguments and its case. Failing to respond will likely bring a very unfavorable default judgment.

While you may be able to have that decision set aside, it may be difficult and expensive as a court will wonder why you failed to defend your rights and sat on your hands in the first instance.

Source: courthousenews.com, "Nespresso Elbows Out Coffee-Pod Pretender," Adam Klasfeld, June 3, 2016

No Comments

Leave a comment
Comment Information
Get In Touch

Do You Need Legal Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Information

Mayville Office
231 9th Avenue SE
P.O. Box 547
Mayville, ND 58257

Phone: 701-786-6177
Fax: 701-788-4243
Mayville Law Office Map

West Fargo Office
730 13th Ave E
West Fargo, ND 58078

Phone: 701-786-6177
Fax: 701-788-4243
West Fargo Law Office Map

Finley Office
300 Central Avenue
Finley, ND 58230

Phone: 701-786-6177
Fax: 701-788-4243
Map & Directions

Hillsboro Office
1 N Main Street
PO Box 847
Hillsboro, ND 58045

Phone: 701-786-6177
Fax: 701-788-4243
Map & Directions

Grand Forks Office
4200 James Ray Drive
Suite 204
Grand Forks, ND 58201

Map & Directions

Chandler Office
1490 S Price Rd.
Suite 115A
Chandler, AZ 85286

Phone: 480-374-1651
Map & Directions

701-786-6177

Call now for a free consultation

Law Pay Button
Review Us
lead counsel rated