Legal Opinion
Philos Technologies, Inc. v. Philos & D, Inc.
Court of Appeals for the Seventh Circuit
Decided June 15, 2011No. 10-2854PublishedCited by 70 opinions
1Opinion of the Court
HAMILTON, Circuit Judge.
This appeal calls on us to determine whether a party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. The district court concluded that the delay rendered untimely defendants’ motion to vacate and denied the motion without reaching its merits. Because the defendants did not appear in the district court before entry of judgment, and because they are entitled to one full opportunity to litigate the jurisdictional issue, we reverse and remand.
I. The Facts
On December…
2Cases cited32 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Stoll v. GottliebSupreme Court of the United States · 1938
- Baldwin v. Iowa State Traveling Men's Assn.Supreme Court of the United States · 1931
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3Cited by70 opinions
- Bell Helicopter Textron, Inc. v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2013
- Philos Technologies, Inc. v. Philos & D, Inc.Court of Appeals for the Seventh Circuit · 2015
- National Industries Group v. Carlyle Investment Management L.L.C.Supreme Court of Delaware · 2013
- E360 Insight, Inc. v. Spamhaus ProjectCourt of Appeals for the Seventh Circuit · 2011
- Guaranteed Rate, Inc. v. ConnDistrict Court, N.D. Illinois · 2017
65 more not listed; retrieve them via the Exa API.