Gemeral Earnest Berry, Jr. v. Cigna/rsi-Cigna

How courts have described this case

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

• holding that dismissal for failure to prosecute where further litigation would be time-barred constitutes a dismissal with prejudice, which is appropriate only where “there is a clear record of delay or contumacious conduct by the plaintiff”
• holding that dismissal for failure to prosecute where further litigation would be time-barred constitutes a dismissal with prejudice, which is only appropriate where “there is a clear record of delay or contumacious conduct by the plaintiff”
• holding that dismissal for fail- ure to prosecute where further litigation would be time-barred constitutes a dismissal with prejudice, which is only appropriate where “there is a clear record of delay or contumacious conduct by the plaintiff”
• finding that where applicable statute of limitations bars refiling, a dismissal without prejudice “is no less severe a sanction than a dismissal with prejudice, and the same standard of review is used”
• explaining that the power to dismiss a case under Rule 41(b) “is based on the courts’ power to manage and administer their own affairs” (quotation omitted)
• explaining that “[w]e will affirm dismissals with prejudice for failure to prosecute only when . . . the district court has expressly determined that lesser sanctions would not prompt diligent prosecution”

Source: CourtListener parenthetical corpus (CC0).