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· 8/26/1985

Brockton Savings Bank v. Peat, Marwick, Mitchell & Co., First United Fund, Ltd.

Citations

  • 771 F.2d 5
  • 2 Fed. R. Serv. 3d 1126
  • 1985 U.S. App. LEXIS 22610

How courts have described this case

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

  • holding that allegations of fact in the complaint must be taken as true after entry of a default
  • affirming district court’s entry of default judgment under court’s inherent powers in response to defendant’s abusive litigation practices
  • placing weight on the “centrality of the evidence” object of the discovery dispute, and affirming district court’s entry of de fault judgment
  • basing affirmance of default sanction in part on district court’s “avowed purpose to offer ... [defendant] the opportunity to explain and justify the lateness of the revelation ...”
  • “A federal district court must be able ‘to protect the administration of justice by levying sanctions in response to abusive litigation practices.’”
  • damages were a sum certain when there was “no question as to the precise amount... of total losses” on an unpaid certificate of deposit

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Rubin, Bownes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.