Herbert E. Theilmann, Administrator of Herbert K. Theilmann v. The Rutland Hospital, Inc., and Dr. Donald D. Dingman

How courts have described this case

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

• holding dismissal for failure to prosecute is “an especially drastic remedy, reserved for rare occasions” (internal quotation marks omitted)
• holding dismissal for failure to prosecute is “an especially drastic remedy, reserved for rare occasions” (internal quotation marks omitted)
• holding dismissal for failure to prosecute is “an especially drastic remedy, reserved for rare occasions” (internal quotation marks omitted)
• holding dismissal for failure to prosecute is “an especially drastic remedy, reserved for rare occasions” (internal quotation marks omitted)
• “Trial-court dismissal of a lawsuit never heard on the merits is a drastic step, normally to be taken only after unfruitful resort to lesser sanctions.”
• although “[d]ismissal with prejudice is a harsh remedy,” the court has “authority to invoke it for lack of prosecution, both on defendant’s motion and sua sponte”

Source: CourtListener parenthetical corpus (CC0).