a default judgment has no collateral estoppel effect.") West Indian Sea Island Cotton v. 1991) (collateral estoppel held inapplicable where default was based on plaintiff's failure to answer interrogatories) Super Star Sneakers v. 1981) ("his court agrees with the `better view' that a default judgment has no collateral estoppel effect"). See generally 18 Wright, Miller Kane, Federal Practice Procedure, § 4442, n. Federal Rule of Civil Procedure 55 provides for default when a party has failed to plead or otherwise defend as provided by the rules.3 1 Restatement (Second) of Judgments § 27 comment e (1982) at p. A judgment by default may be entered by the court on a party's application for a default judgment. Finally, a party seeking to vacate an entry of default must present some evidence beyond conclusory denials to support his defense.An entry of default may be set aside "for good cause," whereas a default judgment may be set aside only in accordance with Rule 60(b). For the rest of the planet who's actually learned to live with Windows and (gasp!) actually likes it from time to time, this is a great development.Ī party's defense may be deemed meritorious for default purposes if the defense raises a significant issue a party need not establish the merits of the defense conclusively. Wouldn't it be better to use virtualisation and just run VirtualPC on the box?Įmulation will almost certainly be slower than the real thing, given the same hardware. I can see it in the future (because I've seen it in the past): "Macintosh Hardware Compatible" will translate into "When the Macintosh is booting into Windows XP." If by "better" you mean "less work," however, you're absolutely right. I highly doubt this will happen for a couple of reasons. One, this is officially unsupported by Apple, and I can't imagine any reputable company attempting to provide support for something Apple won't touch themselves. Second, this is still difficult to do and fairly geeky to boot, so I don't expect a lot of people will do this on their own. It'd have to be helpful relatives or friends saying "hey, you can dual boot into Windows!" and I don't think a lot of tech-savvy friends and family will want to go down that road ("Oh, hey, listen son, ever since we put Windows back on the computer the sound hasn't worked, and suddenly these pop-ups for poker companies keep coming up."). Third, a lot of people really do want to leave Windows in the dust forever and will see little reason to want the likes of IE and Outlook on their computer ever again. Yes, I realize some of those reasons are also reasons why Windows sucks. (And don't get me started on things I hate about OS X.) I stand by my comment that some of us need, nay, even want to continue running Windows on our systems.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |