Topic: default judgments are a drastic remedy, not favored by the … · Go Syfert
← All topics

Topic #605

12 canonical passages across 9 cases, quoted by 360 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 Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third Party.

#Case FlagCanonical passage Citers
1 Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third Party Anchor
ca1 · 1989
green “default judgments are a drastic remedy, not favored by the federal rules and resorted to by courts only in extreme situations.” 90
2 Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third Party
ca3 · 1975
green “there must be a sufficient basis in the pleadings for the judgment entered.” 80
3 Ganther v. Ingle
ca5 · 1996
green “a party is not entitled to a default judgment as a matter of right, even where the defendant is technically in default.” 56
4 Eddie Wooten v. McDonald Transit Assoc, Inc.
ca5 · 2015
green “be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” 47
5 Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third Party
ca1 · 1989
green “a drastic remedy, not favored by the federal rules and resorted to by courts only in extreme situations.” 18
6 J & J Sports Productions, Inc. v. Morelia Mexican Restaurant, Inc.
· 2015
green “defendants' failure to respond threatens to bring the adversary process to a halt, effectively prejudicing plaintiff's interests.” 18
7 James v. Frame
ca5 · 1993
green “computed with certainty by reference to the pleadings and supporting documents alone.” 16
8 J & J Sports Productions, Inc. v. Morelia Mexican Restaurant, Inc.
· 2015
green “whether there is a sufficient basis in the pleadings for the judgment;” 15
9 Law Funder, L.L.C. v. Sergio Munoz, Jr.
ca5 · 2019
green “a default judgment establishes the defendant's liability but not the quantity of damages.” 7
10 William Flynn v. People's Choice Home Loans, Inc
ca6 · 2011
green “the burden of establishing damages rests squarely and solely on the plaintiff.” 5
11 Ganther v. Ingle
ca5 · 1996
green “a party is not entitled to a default judgment” 4
12 Manhattan Nursing and Rehabilitation Center, LLC v. Barbara Hollinshed, Individually and On Behalf of the Estate of Charles Adams
missctapp · 2022
green “the law presumes a person sane and mentally capable to enter a contract. the burden is upon the party seeking to avoid an instrument on the ground of insanity or mental capacity to establish it by a preponderance of proof.” 4

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check