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Kozlowski v. Sears, Roebuck & Co.

United States District Court for the District of Massachusetts
73 F.R.D. 73 (D. Mass. 1976)


Facts

Kozlowski (plaintiff) brought a products liability suit against Sears, Roebuck & Co. (Sears) (defendant) after he was severely burned when Sears’s pajamas he was wearing “was caused to ignite.” Kozlowski filed a motion to compel discovery of a record of other complaints or discussions involving personal injury caused by Sears’s pajamas. A federal magistrate order compelled production of the records, but Sears did not produce. Kozlowski filed a motion for entry of default judgment which was granted by the United States District Court for the District of Massachusetts. Sears filed a motion to remove the default judgment, claiming that production of all of such records was impractical and nearly impossible.

Rule of Law

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Issue

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Holding and Reasoning (Julian, S.D.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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