· 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 CourtListenerSourced 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.