· 10/28/1975
Wyoming v. Hathaway
Citations
- 525 F.2d 66
- 8 ERC 1416
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Rule 37 provides for a “spectrum of sanctions,” of which an order to reimburse the opposing party for expenses caused by its failure is a part
- reversing the lower court’s refusal to dismiss' because the fact findings indicated that plaintiff was at fault in prolonging the discovery phase of the litigation for four years
- upholding district court’s preclusion of damages evidence for failure timely to answer damages interrogatories despite two court orders even where defendant served responses after filing of sanctions motion
- refusal for three years, without moving for protective order, to comply with specific orders to answer interrogatories on damages
- ordinary negligence partially excusable but gross professional negligence found where party clearly should have understood his duty to the court
- standard for imposition of sanctions is willfulness, bad faith or fault, which covers gross negligence
Source: CourtListener parenthetical corpus (CC0).
Judges: Doyle, Hill, Seth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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