Court Jurisdiction, Procedure and Review: Default Judgment; Discovery Sanctions

摘要

For the factual summary of the case see the Court of Appeals opinion at 178 O.&G.R. 162. Held: reversed and remanded. Paradigm, in this appeal, is not seeking to contest the earlier imposition of sanctions but is arguing that the earlier decisions abused their discretion in not allowing Paradigm to participate in the hearings as it relates to unliquidated damages. In general, a party against whom a default judgment is entered is still entitled to participate in a trial as to damages, especially where they are unliquidated damages. A default judgment entered by a court as a result of sanctions is somewhat different than a default judgment entered by a total lack of participation in the litigation. The Supreme Court believes mat it is the better rule to allow defaulted parties to participate in post-default damages hearings, especially where the default is created through sanctions.