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· 12/30/2014

Dolores Comstock v. UPS Ground Freight, Inc.

Citations

  • 775 F.3d 990
  • 90 Fed. R. Serv. 3d 501
  • 2014 U.S. App. LEXIS 24554
  • 2014 WL 7388149

How courts have described this case

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

  • noting that before dismissing a case under Rule 37, “the court must investigate whether a sanction less extreme than dismissal would suffice, unless the party’s failure was deliberate or in bad faith”
  • stating it is within the district court’s discretion to grant dismissal as a discovery sanction where “there is ‘(1) an order compelling discovery, (2) a willful violation of the order, and (3) prejudice’” (quoting Bergstrom v. Frascone, 744 F.3d 571, 576 (8th Cir. 2014))
  • sanction of default judgment is appropriate only when there is an order compelling discovery, a willful violation of that order, and prejudice to the other party
  • dismissal as a discovery sanction is reviewed for abuse of discretion
  • standard of review and relevant considerations for dismissal as discovery sanction

Source: CourtListener parenthetical corpus (CC0).

Judges: Bye, Colloton, Gruender

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.