Default judgment overturned and case resolved without further court appearances
Tannenbaum Helpern was retained by an international clothing distribution company based outside of the US after the plaintiff had obtained a substantial default judgment against the company in the Southern District and was attempting to enforce the judgment against its assets abroad. Tannenbaum Helpern moved to set aside the default judgment because of the plaintiff's failure to follow the dictates of the Hague Convention when serving the complaint abroad. After extensive briefing and oral argument, the Court granted Tannenbaum Helpern's motion and vacated the default judgement. Plaintiff then moved for reconsideration, to require Tannenbaum Helpern's client to post a bond and to pay its substantial attorney fees. The court denied those requests.
In defending the case on the merits, Tannenbaum Helpern's approach was to avoid motions, depositions or court appearances that would further drive up the cost of the case. Instead, we voluntarily agreed on the exchange of only the most significant documents; focused on the key defenses to the claim; and, after extensive settlement discussions, we resolved the case.