R & R Sails, Inc. v. Insurance Co. of Pennsylvania

How courts have described this case

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

• holding that when 28 preclusion sanctions amount to dismissal of a claim the district court must consider the availability of lesser sanctions
• holding that “Rule 37(c)(1) forbids the 2 24-510 use at trial of any information required to be disclosed by Rule 26(a
• concluding that the district 12 court needed to consider lesser sanctions and the party’s bad faith before excluding damages 13 evidence that effectively disposed of the case
• holding that when preclusion sanctions amount to 28 dismissal of a claim the district court must consider the availability of lesser sanctions and must find willfulness, fault, or bad faith
• holding that when an exclusion sanction 18 under Rule 37(c)(1) is tantamount to dismissal of a claim, courts must also consider whether the 19 disclosing party’s non-compliance involved willfulness, fault, or bad faith
• concluding that a Rule 37(c)(1) exclusion sanction would be appropriate if the violation were willful and if lesser sanctions were not available, even though the party seeking sanctions had not moved to compel disclosure of the evidence during discovery

Source: CourtListener parenthetical corpus (CC0).