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· 6/7/1988

Enlace Mercantil Internacional, Inc. v. Senior Industries, Inc.

Citations

  • 848 F.2d 315
  • 11 Fed. R. Serv. 3d 799
  • 1988 U.S. App. LEXIS 7739
  • 1988 WL 56385

How courts have described this case

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

  • dismissal with prejudice for failure to prosecute was \excessive\ in light of \more appropriate\ sanction of conditional dismissal
  • factors in Rule 41(b) analysis include \the wasteful expenditure of a significant amount of the district court's time\ and \glaring weaknesses in the plaintiff's case\
  • factors in Rule 41(b) analysis include “the wasteful expenditure of a significant amount of the district court’s time” and “glaring weaknesses in the plaintiff’s case”
  • dismissal with prejudice for failure to prosecute was “excessive” in light of “more appropriate” sanction of conditional dismissal
  • “[D]ismissal should be employed only after the district court has determined that none of the lesser sanctions available to it would truly be appropriate.”
  • while plaintiff took eighteen months to serve process, dismissal constituted an abuse of discretion where there was no prejudice to the defendant

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Wisdom, Bownes

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.