· 9/24/1985
Montana Power Co. v. United States
Citations
- 8 Cl. Ct. 730
- 1985 U.S. Claims LEXIS 912
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court abused its discretion by dismissing the case when counsel’s conduct did not involve a clear violation of procedural or ethical rules
- stating that this power stems from a court’s authority to manage its own affairs
- reversing judgment entered as sanctions against party who directed non-party not to appear for trial testimony on the basis of defective service of the subpoena
- observing “the particular sanction of dismissal with prejudice or judgment is ‘draconian,’ and ‘must be infrequently resorted to by [trial] courts’”
- describing dismissal with prejudice as a “draconian,” “severe,” “harsh,” “powerful,” “serious,” and Nos. 18‐1290, 18‐1459 9 “extreme” sanction for a party’s “contumacious” miscon‐ duct
- noting that “it is now clear that a federal court has the inherent power to sanction for conduct which abuses the judicial process” and that, “pursuant to this power, a court may impose the severe sanction of dismissal with prejudice (or its equivalent, judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Margolis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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