PRETRIAL ADJUDICATION
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Default
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Default Judgment
.........Punitive Damages
3 Cards On This Topic:
Right to seek punitive damages on default judgment. Service of statement on defendant.
Where D's counterfeit web site contained defamatory statements, trial ct. had the jurisdiction to strike his answer and enter default; as no proof of D's financial condition, punitive damages to be stricken.
Due process requires defendant be given notice of amount of punitive damages before default judgment awarded.