4th Circuit Affirms Summary Judgment Against Party That Failed to Respond to Summary Judgment Due to "Computer Problems"
This opinion in Robinson v. Wix Filtration Corporation LLC, 599 F.3d 403 (4th Cir. March 26, 2010), is courtesy of Technology and Marketing Law Blog , by way of Abnormal Use . Appellees filed a Motion for Summary Judgment, notice of which was sent to counsel for the Appellant via the Case Management/Electronic Case Filing (CM/ECF) system utilized by the United States District Court for the Western District of North Carolina (and functionally similar to that used by the District Court of South Carolina). After Appellant failed to respond to the Motion for Summary Judgment, the District Court granted the Appellees' motion and dismissed the case. In seeking relief from the entry of summary judgment, Appellant claimed that its counsel did not receive the notice of filing due to computer problems in his office-- a virus infecting that computer system and the expiration of the firm's website domain name registration. Upholding the District Court's decision to deny relief