Topic: a default judgment cannot be entered until the amount of da… · Go Syfert
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Topic #1850

11 canonical passages across 6 cases, quoted by 154 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Vicky Hagen Colin L. Harris v. Sisseton-Wahpeton Community College.

#Case FlagCanonical passage Citers
1 Vicky Hagen Colin L. Harris v. Sisseton-Wahpeton Community College Anchor
ca8 · 2000
green “a default judgment cannot be entered until the amount of damages has been ascertained.” 29
2 Park Nicollet Clinic v. Hamann
minn · 2011
green “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” 29
3 Marshall v. Baggett
ca8 · 2010
green “appropriate for a district court to enter a default judgment when a party fails to appropriately respond in a timely manner.” 19
4 Marshall v. Baggett
ca8 · 2010
green “constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” 17
5 Jenkins v. The State Of Missouri
ca8 · 1991
green “the phrase 'any money judgment' in section 1961(a) is construed as including a judgment awarding attorneys' fees.” 15
6 Marshall v. Baggett
ca8 · 2010
green “consider whether the unchallenged facts constitute a legitimate cause of action, since a party in default does not admit mere conclusions of law.” 10
7 Barbara Inman v. American Home Furniture Placement, Inc. Ajf Transportation Consultants, Inc. Anthony Ferrentino, Sr.
ca8 · 1997
green “entry of a default under federal rule of civil procedure 55(a) is not, as such, entry of a judgment; it merely permits the plaintiff to move for a default judgment under rule 55(b)(2), assuming that the default is not set aside under rule 55(c).” 8
8 Everyday Learning Corporation, - Appellee/cross-Appellant v. Cheryl Larson, - Appellant/cross-Appellee
ca8 · 2001
green “when a default judgment is entered on a claim for an indefinite or uncertain amount of damages, facts alleged in the complaint are taken as true, except facts relating to the amount of damages, which must be proved in a supplemental hearing or proceeding.” 8
9 Park Nicollet Clinic v. Hamann
minn · 2011
green “we have recognized that the plaintiff may not have to allege that the breach caused damages in order to state a claim for breach of contract.” 7
10 Everyday Learning Corporation, - Appellee/cross-Appellant v. Cheryl Larson, - Appellant/cross-Appellee
ca8 · 2001
green “to a reasonable degree of certainty.” 6
11 Everyday Learning Corporation, - Appellee/cross-Appellant v. Cheryl Larson, - Appellant/cross-Appellee
ca8 · 2001
green “must still prove its actual damages to a reasonable degree of certainty” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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