Legal Opinion

KPS & Associates, Inc. v. Designs by FMC, Inc.

Court of Appeals for the First Circuit

Decided January 28, 2003No. 01-2513, 01-2521PublishedCited by 25 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This acrimonious dispute between defendant-appellant Designs by FMC, Inc. (“Designs”) and plaintiff-appellee KPS & Associates, Inc. (“KPS”) is a diversity breach of contract action that comes to us following the entry of a default judgment against Designs and a damages award of $367,154 plus prejudgment interest. Designs challenges the entry of default and the subsequent determination of damages, assigning error to several rulings of the district court. These rulings include a denial of Designs’ motion to dismiss (arguing that the federal action should be dismissed in…

2Cases cited49 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Enron Oil Corp. v. DiakuharaCourt of Appeals for the Second Circuit · 1993
  5. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991

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3Cited by25 opinions

  1. International Painters & Allied Trades Union & Industry Pension Fund v. H.W. Ellis Painting Co.District Court, District of Columbia · 2003
  2. TORIBIO-CHAVEZ v. HolderCourt of Appeals for the First Circuit · 2010
  3. In Re National Century Financial Enterprises, Inc., Investment LitigationDistrict Court, S.D. Ohio · 2007
  4. Alves v. Mazda Motor of America, Inc.District Court, D. Massachusetts · 2006
  5. Diaz-Colon v. Toledo-DavilaDistrict Court, D. Puerto Rico · 2013

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