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Appeals › Reversal › Default Judgment

McDermott Will & Emery

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

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Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Snell & Wilmer

Recording “Un-Neighborly” Documents

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In September 2018, in Baumgartner v. Timmins, 245 Ariz. 334, 429 P.3d 567, the Arizona Court of Appeals provided further clarification on what constitutes an “encumbrance” on a property for purposes of Arizona’s statutory...more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

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General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

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Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Knobbe Martens

Laerdal Medical Corp. v. ITC

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Federal Circuit Summary - Before Lourie, O’Malley, and Stoll. Appeal from the United States International Trade Commission. Summary: After institution, the Commission cannot without opposition or appearance from...more

Carlton Fields

Eleventh Circuit Reverses Sanction Imposed Against Party That Defaulted in Arbitration to Determine Whether Party Acted in Bad...

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The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more

Ballard Spahr LLP

A Five-Star Decision: Yelp's Recent Victory Reaffirms The Broad Protections of Section 230

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In a closely watched decision with significant ramifications for online speech, earlier this week, the California Supreme Court struck down an injunction requiring Yelp, a popular online consumer review platform, to remove...more

Butler Snow LLP

The Alabama Supreme Court Allows a Second Bite at the Arbitration Apple

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Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more

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