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· 9/20/1995

Edward Antoine v. Atlas Turner, Inc., Royal Insurance Company of Canada Canadian General Insurance Company and Federal Insurance Company

Citations

  • 66 F.3d 105
  • 1995 U.S. App. LEXIS 26698
  • 1995 WL 553034

How courts have described this case

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

  • explaining that “affidavits setting out the amount of damages claimed by each plaintiff” were “not conclusive”
  • explaining that “ordinarily” after default judgment “the district court must hold an evidentiary proceeding in which the defendant has the opportunity to contest the amount of damages” (cleaned up)
  • stating that a judgment is void under Rule 60(b)(4) only “if the court that rendered it lacked jurisdiction of the subject matter, or of the parties, or if it acted in a manner inconsistent with due process of law”
  • “[E]ven if [the defendant] is bound on the issue of liability, it still has the opportunity to respond to the issue of damages.”
  • “[E]ven if [the defendant] is bound on the issue of liability, it still has the opportunity to respond to the issue of damages.”
  • “Where damages are unliquidated a default admits only defendant’s liability and the amount of damages must be proved.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Wellford, Siler

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.