Topic: n a default case neither the plaintiff nor the defendant ha… · Go Syfert
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Topic #2692

3 canonical passages across 3 cases, quoted by 10 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 Dierschke v. O'Cheskey.

#Case FlagCanonical passage Citers
1 Dierschke v. O'Cheskey Anchor
ca5 · 1992
green “n a default case neither the plaintiff nor the defendant has a constitutional right to a jury trial on the issue of damages.” 4
2 Jean C. Graham v. Malone Freight Lines, Inc.
ca1 · 2000
green “neither the seventh amendment nor the federal rules of civil procedure require a jury trial to assess damages after entry of default in these circumstances.” 3
3 Sells v. Berry
ca7 · 2001
green “in the case of a default, only 28 u.s.c. 1874 may guarantee a right to a jury trial, and that statute applies only to actions to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other specialty.” 3

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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