Patrician Assisted Living Facility

33 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,946 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys
  2. Enron Oil Corp. v. Diakuhara

    10 F.3d 90 (2d Cir. 1993)   Cited 1,702 times
    Holding that refusal to grant relief from default was an abuse of discretion "because [default] should be reserved by a trial court as a final, not a first, sanction imposed on a litigant"
  3. TCI Group Life Insurance Plan v. Knoebber

    244 F.3d 691 (9th Cir. 2001)   Cited 950 times
    Holding that the standard for finding prejudice is whether "[plaintiff's] ability to pursue his claim will be hindered"
  4. Lewis v. Lynn

    236 F.3d 766 (5th Cir. 2001)   Cited 819 times
    Holding non-appearing parties may “benefit from the appearing defendant's favorable summary judgment motion”
  5. Pecarsky v. Galaxiworld.com Ltd.

    249 F.3d 167 (2d Cir. 2001)   Cited 528 times
    Holding that the court abused its discretion when it required corporate defendant whose counsel had withdrawn to find new counsel in less than one week
  6. Johnson v. Dayton Electric Manufacturing Co.

    140 F.3d 781 (8th Cir. 1998)   Cited 573 times
    Holding that entry of default under Rule 55 must precede entry of default judgment
  7. Lacy v. Sitel Corp.

    227 F.3d 290 (5th Cir. 2000)   Cited 479 times
    Holding that the defendant's default was not willful when its counsel “made repeated contacts with [the plaintiff] in an attempt to resolve the suit” and “made plain its intention not to agree to waiver of service and its belief that service therefore had not yet been effected”
  8. Mitchell v. Brown Williamson Tobacco Corp.

    294 F.3d 1309 (11th Cir. 2002)   Cited 431 times
    Holding that a defendant's failure to file a timely answer to a plaintiff's complaint did not warrant default judgment where the defendant took part in the removal of the action to federal court; filed a notice of appearance before the plaintiff filed the motion for default; and filed a motion to dismiss shortly after the deadline for responsive pleadings, all of which showed that the plaintiff failed to show that he was prejudiced by the failure to respond
  9. Rogers v. Hartford Life and Accident Ins. Co.

    167 F.3d 933 (5th Cir. 1999)   Cited 468 times
    Holding that medical expenses incurred due to a wrongful denial of disability benefits, i. e., "make whole" damages, were not equitable in nature under Mertens
  10. KPS & Associates, Inc. v. Designs by FMC, Inc.

    318 F.3d 1 (1st Cir. 2003)   Cited 393 times
    Holding that parallel litigation on straightforward contract dispute with primary importance only to the immediate parties did not provide any weight for the piecemeal litigation factor
  11. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,929 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States