John v. Medical Center Hospital of Vermont, 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 “ultimate” sanction of dismissal requires not only a failure to comply with a court order but also findings of bad faith or deliberate, willful disregard for the court order in addition to prejudice to the moving party
• noting that sanction of dismissal is sometimes warranted, and can serve “not only as a penalty, but as a deterrent as well”
• reversing dismissal because court made no findings that there had “been bad faith or deliberate and willful disregard for the court’s orders, and further, that the party seeking the sanction ha[d] been prejudiced”
• requiring “findings . . . that there has been bad faith or deliberate and willful disregard for the court's orders, and . . . the party seeking the sanction has been prejudiced thereby” for “the ultimate sanction of dismissal” under Civil Rule 37(b)(2)
• requiring “findings . . . that 10 there has been bad faith or deliberate and willful disregard for the court’s orders, and . . . the party seeking the sanction has been prejudiced thereby” for “the ultimate sanction of dismissal” under Civil Rule 37(b)(2)
• \The imposition of the dismissal sanction cannot be imposed merely as punishment for failure to comply with the court's order.\

Source: CourtListener parenthetical corpus (CC0).