· 6/19/2002
William Mitchell v. Phillip Morris Incorporated
Citations
- 294 F.3d 1309
- 2002 U.S. App. LEXIS 12119
- 2002 WL 1337308
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that for jurisdictional purposes, a prisoner’s domicile is his domicile before he was incarcerated
- noting that a default “is a drastic remedy which should be used only in extreme situations, as the court has available to it a wide range of lesser sanctions” (citation omitted)
- cautioning default is a drastic remedy that should be used sparingly and only in extreme situations
- cautioning default is a drastic remedy that should be used sparingly and only in extreme situations
- explaining the plaintiff was a citizen of Alabama, which is where he maintained his domicile before being incarcerated in a different state
- “Entry of judgment by default is a drastic remedy which should be used only in ‘extreme situations’ or ‘exceptional circumstances.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilson, Roney, Alarcón
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.