Legal Opinion
Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third Party
Court of Appeals for the Third Circuit
Decided July 18, 1975No. 74-2053PublishedCited by 1,779 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this diversity case, “the fundamental question,” as the appellee frames it, “is whether a party who has wilfully disregarded the rules of the judicial process and ignored the trial setting of the court below, and who suffers a judgment by default as a result of his deliberate and contumacious conduct, may under the guise of challenging the jurisdiction of the district court attempt to defend the case on the merits for the first time in the Court of Appeals.” The answer is that he may — in the circumstances this case presents.
The default judgment challenged here was…
2Cases cited25 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Hughes Tool Co. v. Trans World Airlines, Inc.Supreme Court of the United States · 1973
- Thomson v. WoosterSupreme Court of the United States · 1885
- Trans World Airlines, Inc. v. Howard R. Hughes, and Hughes Tool Company and Raymond M. HollidayCourt of Appeals for the Second Circuit · 1971
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
20 more not listed; retrieve them via the Exa API.
3Cited by1,779 opinions
- City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
- Chudasama v. Mazda Motor Corp.Court of Appeals for the Eleventh Circuit · 1997
- Portia Surtain v. Hamlin Terrace FoundationCourt of Appeals for the Eleventh Circuit · 2015
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- Curtis B. Danning, as Trustee in Bankruptcy of Fenton, Lavine & Co., a Partnership v. Beau Berlinski LavineCourt of Appeals for the Ninth Circuit · 1978
1,774 more not listed; retrieve them via the Exa API.