Peter Kiewit Sons', Inc. v. West, No. 14-3461 (8th Cir. 2016)
Annotate this CasePlaintiff filed a trademark infringement suit against defendants. The district court entered a default judgment against defendants as sanction for discovery abuses and then proceeded to enter default judgment against defendant Steven West. The court concluded that the district court and the magistrate judge did not abuse their discretion in declining to delay a hearing for damages based on West's medical issues where they were clearly skeptical of West's credibility based on their experience with him during the discovery process. The court rejected West's argument that the district court erred by not deducting overhead and operating costs from its calculation of defendants’ profits. Accordingly, because the court found no error in the district court's rulings, the court affirmed the judgment.
Court Description: Kelly, Author, with Riley, Chief Judge, and Beam, Circuit Judge] Civil case - Civil Procedure. The district court did not abuse its discretion by denying defendant's motion to postpone a hearing as there was no credible evidence that defendant's alleged medical problems could be resolved within a concrete time frame or that the information he provided was credible; award of damages for defendant's violation of plaintiff's trademark affirmed.
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