· 10/25/2012
Cement & Concrete Workers District Council Welfare Fund, Pension Fund, Annuity Fund, Education & Training Fund & Other Funds v. Metro Foundation Contractors Inc.
Citations
- 699 F.3d 230
- 83 Fed. R. Serv. 3d 1270
- 2012 WL 5259020
- 2012 U.S. App. LEXIS 22210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that default judgment damages may be based on “detailed affidavits and documentary evidence” and affirming default judgment damages so awarded
- holding that default judgment damages may be based on “detailed affidavits and documentary evidence” and affirming the default judgment’s award of damages calculated based on an auditor’s affidavit
- holding that there must be an evidentiary basis for a damage award but that a district court has discretion, in lieu of a hearing, to consider evidence submitted in the form of detailed affidavits and documentary evidence
- explaining that even when a federal court enters a default judgment against a defendant in a plan’s delinquent-contribution action, the court still must determine the plan’s damages
- explaining that although the allegations in a complaint related to liability are deemed admitted upon entry of a default judgment, a default \is not considered an admission of damages\ (quotation marks omitted)
- explaining that although the allegations in a complaint related to liability are deemed admitted upon entry of a default judgment, a default “is not considered an admission of damages” (internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Waleer, Straub, Pooler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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