· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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