· 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 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.