Kubick v. Federal Deposit Insurance (In Re Kubick)

How courts have described this case

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

• holding that entry of a default judgment was inappropriate where complaint merely recited statutory language and contained no facts
• holding that a default judgment action was improper where the action could have been dismissed under 12(b)(6) if the party failed to amend its complaint
• “The court, prior to entry of a default judgment, has an independent duty to determine the sufficiency of a claim.... ”
• “Although entry of a default judgment [for failure to appear] is usually attacked collaterally under Rule 60(b), on direct appeal a defendant can contest the legal sufficiency of allegations contained in the complaint.” (footnote omitted)
• court has 22 independent duty to determine the sufficiency of a claim

Source: CourtListener parenthetical corpus (CC0).