Legal Opinion

John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western Germany

Court of Appeals for the Fourth Circuit

Decided August 15, 1977No. 76-1883PublishedCited by 795 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge.

This is a products liability case. On the eve of its trial, default judgment on liability was ordered by the District Court against the defendants-manufacturers under Rule 37(b), Fed.R.Civ.P., 28 U.S.C., on the basis of a finding of failure to comply with an oral order in discovery. 1 The District Court thereafter submitted the single issue of damages to a jury, and judgment was entered on the jury verdict. The defendants have appealed, charging error only in the grant of default judgment on liability.

We reverse.

I

The action arose out of an automobile accident in…

2Cases cited56 opinions

International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
Hughes Tool Co. v. Trans World Airlines, Inc.Supreme Court of the United States · 1973

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3Cited by795 opinions

Westberry v. Gislaved Gummi ABCourt of Appeals for the Fourth Circuit · 1999
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Goldsmith v. Bagby Elevator Co., Inc.Court of Appeals for the Eleventh Circuit · 2008
Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc.Court of Appeals for the Fourth Circuit · 2010

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