Firestone v. Harris

How courts have described this case

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

• defaulting party entitled to participate in hearing to establish damages and to present evidence in mitigation of damages
• plaintiff failed to provide proper answers after five months, notwithstanding an order to do so
• entry of default does not admit the amount of damages; defaulting party has a right to present evidence in mitigation of damages and cross-examine witnesses
• “the defaulting party may not introduce evidence to defeat his opponent’s right to recover at the hearing to establish damages”
• although, at a Super. Ct. Civ. R. 55(b) hearing, “the defaulting party may not introduce evidence to defeat his opponent’s right to recover at the hearing to establish damages, he is entitled to present evidence in mitigation of damages and cross-examine witnesses”

Source: CourtListener parenthetical corpus (CC0).