Jacqueline Payne Jacob Payne Randy W. Lowe Ferdinand Samuel v. Exxon Corporation Exxon Company USA Exxon Shipping Company and Veco, Inc.

How courts have described this case

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

• concluding that the district court had the authority to dismiss the plaintiff's maritime negligence claim against the second defendant even though the first defendant had made discovery requests of the second defendant
• holding that terminating sanctions may be granted only for “willfulness, fault, or bad faith”
• setting forth standard of review and discussing five factors that district courts must weigh prior to dismissal under Rule 37
• discussing the five factors the district court must weigh before dismissing a case for .noncompliance with court-ordered discovery
• “Only ‘the discovering party’ ... may bring a motion to compel.”
• “Where a court order is violated, the 2 first two factors support sanctions and the fourth factor cuts against a default. Therefore, 3 it is the third and fifth factors that are decisive.” (quoting Adriana, 913 F.2d at 1412)

Source: CourtListener parenthetical corpus (CC0).