· 1/6/1993
Goldman, Antonetti, Ferraiuoli, Axtmayer & Hertell, a Partnership v. Medfit International, Inc., Hector Rodriguez
Citations
- 982 F.2d 686
- 24 Fed. R. Serv. 3d 1049
- 1993 U.S. App. LEXIS 99
- 1993 WL 976
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- default judgment entered against defendant who failed to attend trial; no notice required where entered on court’s own motion
- “Defendant’s argument ignores the maxim that an entry of a default against a defendant establishes the defendant’s liability.”
- “[C]o-eonspirators, like other joint tortfeasors, will not be deemed indispensable parties.”
- “[A]n unsworn statement signed under penalty of perjury may be used, in lieu of a sworn statement or affidavit, to support or oppose a motion for summary judgment.”
- “However, ‘after a default judgment has been entered under Fed.R.Civ.P. 37(b)(2), a party has no right to jury trial under either Fed.R.Civ.P. 55(b)(2), ... or the Seventh Amendment.’” (citing cases)
- “[A]n entry of a default against a defendant establishes the defendant’s liability.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Campbell, Stahl
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.