· 5/27/2008
Smith v. Gold Dust Casino
Citations
- 526 F.3d 402
- 20 Am. Disabilities Cas. (BNA) 1089
- 2008 U.S. App. LEXIS 11233
- 2008 WL 2168287
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “the punishment should fit the crime, and not every instance of failure to comply with an order of [the] court, however inexcusable, justifies total extinction of a client's cause of action”
- reviewing a Rule 41(b) dismissal for an abuse of discretion and the underlying factual findings for clear error
- reviewing factual finding of failure to prosecute for clear error while reviewing decision to dismiss as sanction for failure to prosecute for abuse of discretion
- encouraging courts to warn litigants of the potential of dismissal before dismissing a case under Rule 41(b)
- outlining requirements for dismissal with prejudice as a sanction under Rule 41(b)
- reviewing dismissal under Fed. R. Civ. P. 41(b) for abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Bright, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.