Broadcast Music, Inc. v. M.T.S. Enterprises, Inc., Gordon Tonry, and Delores Tonry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the defendants, “through the actions of their counsel, voluntarily appeared in this case and waived the defense of insufficiency or failure of service”
• holding that individual defendants’ counsel active participation for months by accepting deposition notices, engaging in settlement discussions, and attending pretrial meetings effected waiver
• finding that counsel’s participation waived allegation of insufficient service of process
• affirming a default judgment against defendants who had not properly been served under Rule 4
• “To hold that [counsel’s conduct] was unable to [operate as a waiver] unless explicitly authorized would substantially eviscerate Rule 12(h)(1).”
• “A court which lacks personal jurisdiction over a defendant cannot enter a valid judgment against that defendant.”

Source: CourtListener parenthetical corpus (CC0).