Gerald Hester v. Vision Airlines, Inc.

How courts have described this case

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

• upholding default judgment sanction where party “willfully and in bad faith” “violated the court’s discovery order”
• articulating five factors that a court must consider before imposing dismissal or another dispositive sanction, and identifying three factors 18 for assessing whether a court has adequately considered less drastic alternatives
• identifying “an adverse inference instruction” as a “less drastic sanction[]” than default judgment
• noting the fifth factor is comprised of three subparts, which include 3 whether the court has considered lesser sanctions, whether it tried them, and whether it 4 warned the recalcitrant party about the possibility of case-dispositive sanctions
• after noting the lack of any dispute that discovery order was violated, providing standards that govern 3] the selection of an appropriate sanction
• after 9 noting the lack of any dispute that discovery order was violated, providing standards that govern 10 the selection of an appropriate sanction

Source: CourtListener parenthetical corpus (CC0).