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HATHCOCK v. NAVISTAR INTERN. TRANSP. CORP.

Nos. 94-1021, 94-1148.

53 F.3d 36 (1995)

Michael HATHCOCK; Sandy Hathcock, Plaintiffs-Appellees, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, Defendant-Appellant. Product Liability Advisory Council, Incorporated; Lawyers for Civil Justice, Amici Curiae. Michael HATHCOCK; Sandy Hathcock, Plaintiffs-Appellees, v. Arthur P. GREENFIELD, Defendant-Appellant, and Navistar International Transportation Corporation, Defendant. Product Liability Advisory Council, Incorporated; Lawyers for Civil Justice, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1995.

Attorney(s) appearing for the Case

ARGUED: Stephen G. Morrison, Nelson, Mullins, Riley & Scarborough, Greenville, SC, for Appellant Navistar; Byron Attridge, King & Spalding, Atlanta, GA, for Appellant Greenfield. Douglas Franklin Patrick, Sr., Covington, Patrick, Hagins & Lewis Greenville, SC, for Appellees. ON BRIEF: George K. Lyall, Nelson, Mullins, Riley & Scarborough, Greenville, SC; Kenneth S. Geller, Timothy S. Bishop, Mayer, Brown & Platt, Chicago, IL, for Appellant Navistar; Katharine F. Darnell, King & Spalding Atlanta, GA; G. Dewey Oxner, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, SC, for Appellant Greenfield. Rosewell Page, III, E. Duncan Getchell, Jr., Robert L. Hodges, McGuire, Woods, Battle & Boothe, Richmond, VA, for Amicus Product Liability Advisory Council. Alfred W. Cortese, Jr., Kathleen A. Blaner, Nancy Kao, Kirkland & Ellis, Washington, DC, for Amicus Lawyers for Civil Justice.

Before ERVIN, Chief Judge, WILKINSON, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

OPINION

ERVIN, Chief Judge:

Navistar International Transportation Corp. ("Navistar") appeals from a six million dollar default judgment in favor of Michael Hathcock and Sandy Hathcock entered by the district court as a sanction for alleged discovery abuse. Navistar contends that the district court's order violated the Federal Rules of Civil Procedure and the United States Constitution. Navistar also argues that the court abused its discretion, that its judgment...

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