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· 9/14/1998

John's Insulation, Inc. v. L. Addison & Associates, Inc.

Citations

  • 156 F.3d 101
  • 1998 WL 568602

How courts have described this case

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

  • holding “review of the merits” of interlocutory orders “is beyond the scope of this appeal” because “interlocutory rulings do not merge into a judgment of dismissal for failure to prosecute”
  • applying the \majority rule\ that \interlocutory rulings do not merge into a judgment of dismissal for failure to prosecute\
  • discussing court’s inherent power to impose sanctions beyond authority granted by Federal Rules of Civil Procedure
  • rejecting reasoning of Allied Air Freight and Gary Plastic in favor of “majority rule” that “interlocutory rulings do not merge into a judgment of dismissal for failure to prosecute”
  • declining to review interlocutory orders preceding Rule 41(b) dismissal and default judgment imposed as sanction for plaintiff’s delay and failure to follow court orders
  • affirming trial court’s dismissal of plaintiff’s claims and entry of default judgment on defendant’s counterclaims where plaintiff failed to obtain successor counsel after counsel withdrew

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Bownes, Stahl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.