Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc.
United States Court of Appeals for the Seventh Circuit
570 F.3d 845 (2009)
In the course of contract litigation, Bakery Machinery & Fabrication, Inc. (BMF) (defendant) discovered that the federal district court had entered default judgment against it as a result of its attorney’s malpractice. According to BMF, its attorney, Hinterlong, had consistently represented over a period of nine months that the lawsuit was proceeding favorably. BMF moved the court to vacate the default judgment on the ground that Hinterlong’s misconduct amounted to exceptional circumstances that would warrant relief from judgment under Federal Rule of Civil Procedure (FRCP) 60(b)(6). The district court denied BMF’s motion to vacate judgment, and BMF appealed.
Rule of Law
Holding and Reasoning (Bauer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 709,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.