United States Sixth Circuit

District court's refusal to set aside the Export-Import Bank of the United States' confession of judgment against the obligor in the amount of $2,166,661 is affirmed where: 1) a failure to assert the limitations period at the outset of litigation results in a waiver as a matter of course, and finding the defense waived at this later stage of the proceedings due to defendants' failure to timely assert the defense does not result in a substantial miscarriage of justice; and 2) the guarantees are not fatally ambiguous because an arbitration provision does not facially conflict with the confession of judgment provision.

Appellate Information

• Argued 04/21/2010
• Decided 05/05/2010
• Published 05/05/2010

Judges

• Before MARTIN, SUHRHEINRICH, and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Nicholas Aristides Panagopoulos II, Law Office, Cleveland Heights, Ohio, for Appellants. Alexander A. Rokakis, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF:Jon P. Yormick, Yormick & Associates Co., LPA, Cleveland, Ohio, for Appellants. Alexander A. Rokakis, Assistant United States Attorney, Cleveland, Ohio, for Appellee.