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· 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 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.