COMPANION HEALTH SERVICES, INC. v. Kurtz

How courts have described this case

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

• holding that a court should consider a party’s “significant and legitimate mitigating excuses” before imposing the harsh sanction of dismissal
• noting that Rule 37 provides “a veritable arsenal of” discovery sanctions (citation and internal quotation marks omitted)
• noting that courts must consider “significant and legitimate mitigating excuses” before imposing sanctions
• noting that courts must consider “significant and legitimate mitigating excuses” before imposing sanctions
• finding relief under Rule 60(a) appropriate only where “the judgment failed to reflect the court’s intention” and not where the correction would alter the deliberate choice of the judge
• declining to uphold the district court sanction of dismissal because the district court based dismissal on a single instance, for which there were significant and legitimate mitigating excuses, and did not make sufficient factual findings to support its ultimate sanction

Source: CourtListener parenthetical corpus (CC0).