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Case Blurb: Leon; Dismissal as a sanction, 9th Circuit
Dismissal is an available sanction when “a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings” because “courts have inherent power to dismiss an...
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Case Blurb: Plasse; Elements for dismissal of case as sanction, 1st Circuit
One potential basis for [dismissing an action] is a finding that a party has engaged in fraud on the court, that is, a party has sentiently set in motion some unconscionable scheme calculated to...
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Case Blurb; Easton Sports; Dismissal an extreme sanction
Justice requires that any sanction imposed be proportionate to the circumstances. Dismissal of a claim or defense is an extreme sanction and should be imposed only in extreme situations where there is...
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Case Blurb: Hawaiian Airlines; Factors to Consider before Imposing a Default...
A default or dismissal sanction can be imposed only based upon a finding of willfulness, fault, or bad faith. In addition, the court should consider: (1) the public’s interest in expeditious resolution...
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