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· 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 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.