· 1/28/2003
KPS & Associates, Inc. v. Designs by FMC, Inc.
Citations
- 318 F.3d 1
- 54 Fed. R. Serv. 3d 839
- 2003 U.S. App. LEXIS 1338
- 2003 WL 174818
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that a “sum certain” case is one in which “there is no doubt as to the amount to which a plaintiff is entitled”
- noting that sum-certain scenarios “include actions on money judgments, negotiable instruments, or similar actions where the damages sought can be determined without resort to extrinsic proof’
- rejecting finding of sum certain in part because of “internally inconsistent” damage claims between complaint and supporting affidavit
- “In limited circumstances we have permitted district courts to dispense with a Rule 55(b)(2) hearing, even in the face of apparently unliquidated claims.” (citation omitted)
- “[A] district court can enter a final judgment without requiring further proof of damages only in limited situations.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Bownes, Lipez
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.