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· 1/21/2016

VLM Food Trading International, Inc. v. Illinois Trading Co.

Citations

  • 811 F.3d 247
  • 2016 U.S. App. LEXIS 1013
  • 2016 WL 241367

How courts have described this case

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

  • rejecting argument that common industry practice was incorporated into written contract that did not mention practice and stating that “the content of each contract must be analyzed independently”
  • explaining “[t]he basic effect of an entry of default is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true” (cleaned up)
  • finding no indication of mutual intent to incorporate fee-shifting provision at time of contracting because fee shifting “was never mentioned during any negotiations, and none of [buyer]’s subsequent conduct indicates that it agreed to pay [seller]’s attorney’s fees”
  • “after the default is established, and thus liability, the plaintiff still must establish his entitlement to the relief he seeks.” (internal quotation omitted)
  • “The basic effect of an entry of default is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true.” (cleaned up)
  • “The basic effect of an entry of default is that upon default, the well-pleaded allegations of a complaint relating to liability are taken as true.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Rovner, Sykes

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.