Socra Corp. Urges MDL Court to Follow Recent Opinion in Setting Aside Default

CLEVELAND - Socra Corp. has filed notice with the Welding Fume Products MDL of a recent 6th Circuit opinion applying the more lenient Federal Rule standard for setting aside a default judgment where damages have not yet been addressed. Jerkins v. Lincoln Electric Co., No. 1:04-cv-18810 [MDL No. 1535] (N.D. Ohio).

Socra, which has asked the MDL court to set aside the default judgment in its case, said the 6th Circuit Court of Appeals recently decided that a default judgment should be addressed as a mere default under Federal Rule 55(c) rather than the stricter standards under Rule 60(b) as …