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51. What is the attorney's best argument in support of the motion?
The attorney has moved for relief from the default judgment.
After being served in State B with the summons and complaint, the attorney determined that he was not subject to personal jurisdiction in State A and ignored the action. On the company's motion, the clerk entered a default in the action. After a hearing on damages, the court entered a default judgment for the company.
A company incorporated and headquartered in State A brought a federal diversity action in State A against an attorney domiciled in State B. The complaint asserted that the attorney had sent defamatory emails to the company's customers in many different states, including State A. The attorney had few contacts with State A, and none of the contacts in that state were related to the alleged defamatory emails.
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A is incorrect. Relief from a default judgment is available only for the reasons listed under FRCP 60(b), and the attorney first must show that he falls within one of those provisions. If he does not, then it is immaterial that he has a meritorious defense.
B is incorrect. FRCP 60(b) lists six possible grounds for relief from a judgment, and none of them consider whether the movant's conduct was reasonable in the underlying action.
D is incorrect. FRCP 60(b)(1) allows for relief from a judgment if it was entered as the result of a «mistake.» However, the Rule does not provide relief in situations where a party makes a choice that turns out to be a tactical error. Because the attorney correctly determined that the court lacked jurisdiction, the judgment is void. But if he were wrong, he would have to accept the consequences of his choice.