Legal Opinion
Rafael Muniz, Jr. v. Edgardo R. Vidal
Court of Appeals for the First Circuit
Decided August 2, 1984No. 84-1014PublishedCited by 35 opinions
1Opinion of the Court
BREYER, Circuit Judge.
Plaintiff sued defendants for breach of contract. The defendants did not file any responsive pleading, but their attorney entered into settlement negotiations. The negotiations failed. Subsequently, plaintiff’s attorney tried to notify defendants’ attorney that he would seek entry of defendants’ default; but defendants’ attorney did not get the notice. (He had moved his offices.) Plaintiff obtained & default judgment, and defendants appeal.
The second sentence of Fed.R.Civ.P. 55(b)(2) reads as follows:
If the party against whom judgment by default is sought has appeared in…
2Cases cited7 opinions
- H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
- Charlton L. Davis & Company, P. C. v. Fedder Data Center, Inc., Financial Computer CorporationCourt of Appeals for the Fifth Circuit · 1977
- Laura Wilson v. Moore and Associates, Inc., Dba Uni-Check, Fdba Telecheck Hawaii, a Hawaii CorporationCourt of Appeals for the Ninth Circuit · 1977
- Planet Corporation v. George D. Sullivan, Jr.Court of Appeals for the Seventh Circuit · 1983
- Karl Lutomski and Mary Lutomski v. Panther Valley Coin Exchange and Joseph SniskyCourt of Appeals for the Sixth Circuit · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Anilina Fabrique De Colorants, a Belgian Corporation,plaintiff-Appellee v. Aakash Chemicals and Dyestuffs, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1988
- Zuelzke Tool & Engineering Co., Inc. v. Anderson Die Castings, Inc.Court of Appeals for the Seventh Circuit · 1991
- North Central Illinois Laborers' District Council v. S.J. Groves & Sons Company, Inc.Court of Appeals for the Seventh Circuit · 1988
- In Re EmmerlingBankruptcy Appellate Panel of the Second Circuit · 1997
- Arbogast Family Trust v. River Crossings, LLCUtah Supreme Court · 2010
30 more not listed; retrieve them via the Exa API.