Bankr. L. Rep. P 77,252 Kovilic Construction Co., Inc. v. Damir Missbrenner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the defendant’s attorney was negligent, but that, because there was no evidence that his actions were fraudulent, dilatory, or taken in bad faith, sanctions were not appropriate
• “The cases that have upheld dismissals as a sanction based on inherent powers have typically involved bad faith, fraud, or undue delay by one of the parties.”
• a court’s inherent power must be invoked with caution, particularly where the matter “is governed by other procedural rules, lest ... the restrictions in those rules become meaningless”
• appellate courts have upheld exercise of a court’s inherent authority where the conduct was in bad faith or fraud, but rejecting it when the conduct was “questionable, but not egregious, unduly dilatory, or contumacious.''

Source: CourtListener parenthetical corpus (CC0).