Estate of Spear

How courts have described this case

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

• imposing sanctions without bad faith requires a strong showing of prejudice
• “Some courts have held that willfulness or bad faith is always required before dis missal is an acceptable sanction.”
• Poulis factors must be applied to a determination of whether default judgment or dismissal may be imposed as a sanction
• the Third Circuit adopted the reasoning of the Fifth Circuit in Chilcutt
• “[T]he basic thrust of the Supreme Court jurisprudence is that sanctions that effect [sic] the outcome of the trial should only be imposed in order to compensate for violations that may plausibly be thought likely to affect the outcome of the trial.”

Source: CourtListener parenthetical corpus (CC0).