U.S. Commodity Futures Trading Comm'n v. Vincent Patrick Mccrudden, Managed Accounts Asset Mgmt., LLC

2 Citing cases

  1. Gov't Emps. Ins. Co. v. Jacobson

    15 CV 7236 (ERK)(RML) (E.D.N.Y. Oct. 15, 2019)   Cited 2 times

    A. Willful Default"Courts will find willfulness where 'there is evidence of bad faith' or in the presence of 'egregious or deliberate conduct.'" U.S. Commodity Futures Trading Comm'n v.McCrudden, No. 10 CV 5567, 2015 WL 5944229, at *21 (E.D.N.Y. Oct. 13, 2015) (quoting Am. All. Ins. Co., 92 F.3d at 60-61), adopted by 2015 WL 7161671 (E.D.N.Y. Nov. 13, 2015); see also Team Kasa, LLC v. Humphrey, 17 CV 1074, 2018 WL 1867117 at *6 (E.D.N.Y. Jan. 24, 2018) ("The boundary of willfulness lies somewhere between a case involving a negligent filing error, which is normally considered an excusable failure to respond, and a deliberate decision to default, which is generally not excusable."), adopted by 2018 WL 1083958 (E.D.N.Y. Feb. 6, 2018); Aetna Life Ins. Co. v. Licht, No. 03 CV 6764, 2004 WL 2389824, at *3 (S.D.N.Y. Oct. 25, 2004) ("Conduct may be found to be willful where it is egregious, not satisfactorily explained, or is rationalized by flimsy excuse."). "Further, courts should resolve any doubt about [a] defendant's willfulness in its favor."

  2. Aventura Techs., Inc. v. World of Residensea II, Ltd.

    13-CV-1097 (DRH) (GRB) (E.D.N.Y. Aug. 29, 2018)

    "Courts will find willfulness where there is evidence of bad faith or in the presence of egregious or deliberate conduct." U.S. Commodity Futures Trading Commission v. McCrudden, No. CV 10-5567(DRH)(AKT), 2015 WL 5944229 at *21 (E.D.N.Y. Oct. 13, 2015), adopted by 2015 WL 7161671 (E.D.N.Y. Nov. 13, 2015); see also Team Kasa, LLC v. Humphrey, CV 17-1074 (JS) (AKT), 2018 WL 1867117 at *6 (E.D.N.Y. Jan. 24, 2018) ("The boundary of willfulness lies somewhere between a case involving a negligent filing error, which is normally considered an excusable failure to respond, and a deliberate decision to default, which is generally not excusable"), adopted by 2018 WL 1083958 (E.D.N.Y. Feb. 6, 2018). "Further, courts should resolve any doubt about defendant's willfulness in its favor."