· 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 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.