Nevada Power Co. v. Flour Illinois

How courts have described this case

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

• recognizing that an evidentiary hearing may be necessary in order to properly decide disputed questions of fact
• recognizing that conducting an evidentiary hearing is the only way to properly resolve questions of fact concerning whether to dismiss a party's suit as a discovery sanction
• explaining that to impose sanctions for a party's misconduct, the district court must first \determine[ ] that a facially clear discovery order was disobeyed\
• providing that such an award is limited to fees incurred because of those discovery violations
• “If the party against whom dismissal may be imposed raises a question of fact as to any of these factors [willfulness, prejudice, and proportionality], the court must allow the parties to address the relevant factors in an evidentiary hearing” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).