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· 2/26/2003

Sidney Davis, III v. Charles T. Hutchins

Citations

  • 321 F.3d 641
  • 54 Fed. R. Serv. 3d 1101
  • 2003 U.S. App. LEXIS 3505
  • 2003 WL 482292

How courts have described this case

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

  • holding that there was no due process violation where an appellant “simply did not attend” the hearing about which it was notified
  • vacating award of class damages and affirming default judgment on an individual basis where no class was certified in the district court
  • “[T]he general principle [is] that factual allegations in the complaint are deemed admitted by the defendant upon default.”
  • “relief cannot be granted to a class before an order has been entered determining that class treatment is proper”
  • a district court is “justified in entering default against a party and refusing to vacate the default if the defaulting party has exhibited a willful refusal to litigate the case properly”
  • class damages award against defaulted defendant without first certifying the class is invalid

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Kanne

Read full opinion on CourtListener

Sourced 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.