· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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