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Federal Court Victory in Civil Assault

Client was being sued by plaintiff for an assault and battery alleging over one hundred and fifty thousand dollars ($150,000.00) of damages including compensatory damages, punitive damages, delay damages, interest and costs of suit including attorney’s fees. Plaintiff claimed that he properly served the defendant and obtained a default judgment.

Client discovered there was a judgment against him and hired Thomas D. Kenny of Kenny, Burns & Burns to represent him in the matter. KBM filed a motion to open the default judgment at the James A. Byrne United States Courthouse located at 601 Market Street, Philadelphia, PA 19106.

After a two hour hearing, the Honorable Court found that there was 1) no willful failure to answer the complaint by the defendant; 2) there would be no prejudice to the Plaintiff in allowing the case to be reopened, and 3) defendant had a considerable defense to the matter.

The court thereby opened the judgment allowing the case to proceed. The court found the Poulis factors applied. See Lefteri Poulis and Athena Poulis vs. State Farm Fire and Casualty Company, 747 F.2d 863 (3d Cir. 1984).

Client was very happy to hear that he can now properly defend the case. Great federal win!

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