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· 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 CourtListener

Sourced 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.