Latest Case: Discover Bank v. Bolinske, Sr. (Banking)

Options for Biden’s Supreme Court Reform Commission

MICHAEL C. DORF

Cornell law professor Michael C. Dorf explores several options that Democratic presidential candidate Joe Biden should consider if he wins the election and fulfills his proposal of convening a bipartisan commission of constitutional scholars to study and recommend court reforms. Dorf discusses the benefits and limitations of each option and describes how Congress and a President Biden could implement meaningful court reform that could withstand review by the Supreme Court itself.

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Discover Bank v. Bolinske, Sr.

Citation: 2020 ND 228

Opinion Date: October 27, 2020

Judge: Lisa K. Fair McEvers

Areas of Law: Banking, Civil Procedure, Consumer Law

Robert V. Bolinske, Sr., appealed an order denying his motion to vacate a default judgment. Discover Bank (“Discover”) sued Bolinske for unpaid debt in the amount of $3,915.53 on a credit card Discover issued to Bolinske. Notice of entry of judgment was served on Bolinske on December 23, 2019. Bolinske moved to vacate judgment on January 10, 2020. Bolinske claimed he attempted to respond to Discover’s summons and complaint by mail on December 6, 2019, but accidentally misaddressed the envelope to Discover’s counsel and sent his answer and counterclaims to an incorrect address. Bolinske argued after his answer and counterclaims were returned as undelivered, he mailed them to the proper address on December 16, 2019. Bolinske argued that same day, he placed a call to Discover’s counsel and left a voicemail stating that he was making an appearance to avoid a default judgment and explaining he had sent his answer and counterclaim to the wrong address. Discover’s counsel asserted she did not receive Bolinske’s voicemail until after e-filing the motion for default judgment, but acknowledged the voicemail was received on December 16. Bolinske argued in his brief supporting his motion to vacate that his voicemail left with Discover’s counsel constituted an appearance entitling him to notice before entry of default. Bolinske also argued that he was entitled to relief from judgment due to his mistake, inadvertence, and excusable neglect. The district court denied Bolinske’s motion on January 31, 2020 without holding a hearing, stating Bolinske had not demonstrated sufficient justification to set the judgment aside. Fining no reversible error in the district court judgment, the North Dakota Supreme Court affirmed.