R.W. International Corp. And T. H. Ward De La Cruz, Inc. v. Welch Foods, Inc. And Magna Trading Corp.

How courts have described this case

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

• finding that general scheduling orders are not sufficient to trigger the application of Rule 37(b)(2)
• noting that Federal Rule of Civil Procedure 37 “sets forth a clear path to be followed if a party believes that another litigant is not cooperating in the discovery process”
• “Having found . . . a violation [of a specific discovery order], we then look[] to the rest of the record and consider[] the overall behavior of the guilty party to determine whether the particular sanction imposed by the lower court was just.”
• “The rule’s language clearly requires two things as conditions precedent to engaging the gears of the rule’s sanction machinery: a court order must be in effect, and then must be violated, before . . . sanctions can be imposed.”
• “The rule’s language clearly requires two things as conditions precedent to engaging the gears of the rule’s sanction machinery: a court order must be in effect, and then must be violated, before . . . sanctions can be imposed.”

Source: CourtListener parenthetical corpus (CC0).