green
Positive treatment
Quoted verbatim 1×
14.8 score
G Cite
cited 2× by 1 distinct case, last quoted 1999 ·
…where one party has acted in willful and deliberate disregard of reasonable and necessary court orders and the efficient administration of justice, the application of even so stringent a sanction is fully justified and should not be disturbed
⚠ not in text
Treatment trajectory · 1948 → 2026 · click a year to view as-of
1948
1987
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Curreri v. Curreri (In Re Curreri)
(3×)
also: Cited "see"
where one party has acted in willful and deliberate disregard of reasonable and necessary court orders and the efficient administration of justice, the application of even so stringent a sanction is fully justified and should not be disturbed
cited
Cited as authority (rule)
Western Geophysical Company of America, Inc. v. Bolt Associates, Inc., Bolt Associates, Inc., Third-Party v. Litton Industries, Inc., Third-Party
Ed.2d 184 (1964), cert, dismissed as improvidently granted, 380 U.S. 248 , 249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965).
discussed
Cited as authority (rule)
Louis Sapiro, Trustee Under Trust Agreement Dated August 26, 1966 v. Hartford Fire Insurance Company
We need not specifically address ourselves to the construction of the Rule because the cases make it clear that dismissal or default is an extreme sanction, the use of which “must be tempered by the careful exercise of judicial discretion to assure that its imposition is merited.” Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 614 (2d Cir. 1964), cert. dismissed as improvidently granted, 380 U.S. 248 , 249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965).
discussed
Cited as authority (rule)
Trans World Airlines, Inc. v. Howard R. Hughes, and Hughes Tool Company and Raymond M. Holliday
In the appeal on the counterclaims, the orders of the district court were affirmed with one exception, not relevant here (determining that the CAB had exclusive jurisdiction over one of the dismissed counterclaims). 332 F.2d 602 , cert. granted, 379 U.S. 912 , 85 S.Ct. 261 , 265, 13 L.Ed.2d 184 (1964), cert. dismissed as improvidently granted, 380 U.S. 248 , 249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965).
discussed
Cited as authority (rule)
Interstate Investors, Inc. v. Transcontinental Bus System, Inc.
The court also distinguished the situation in Trans World Airlines, Inc. v. Hughes, 332 F.2d 602 (2d Cir. 1964), cert, dismissed as improvidently granted, 380 U.S. 248 -249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965), where, unlike this case, the issue was whether certain post-approval activities came within the immunity clause of the Civil Aeronautics Act. .
discussed
Cited as authority (rule)
Butler Aviation Company v. Civil Aeronautics Board
What post-acquisition activities are within the immunity granted by § 414 is a different question, cf. Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 606-610 (2 Cir. 1964), cert. dismissed as improvidently granted, 380 U.S. 248 -249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965), which we have no occasion here to answer. 10 The petition to review is denied.
discussed
Cited as authority (rule)
Butler Aviation Co. v. Civil Aeronautics Board
What post-acquisition activities are within the immunity granted by § 414 is a different question, cf. Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 606-610 (2 Cir. 1964), cert. dismissed as improvidently granted, 380 U.S. 248 -249, 85 S.Ct. 934 , 13 L.Ed.2d 817, 818 (1965), which we have no occasion here to answer.
discussed
Cited as authority (rule)
Diapulse Corporation of America v. The Curtis Publishing Company
Corp. v. Loew’s Inc., 283 F.2d 730 (2d Cir. 1960), the finding of non-compliance was reversed; and Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 614 (2d Cir. 1964), cert, dismissed, Hughes Tool Co. v. Trans World Airlines, Inc., 380 U.S. 248, 249 , 85 S.Ct. 934 , 13 L.Ed. 2d 817, 818 (1965), is merely an example of a correctly applied dismissal sanction.
examined
Cited "see"
Southampton 100, LLC v. Alabama Department of Revenue
(3×)
See Trans World Airlines, Inc. v. Hughes, 332 F.2d 602 (2d Cir.1964), cert. dismissed, 380 U.S. 248 , 85 S. Ct. 934 , 13 L.
examined
Cited "see"
John L. Brooks v. Hilton Casinos Incorporated, John L. Brooks v. Hilton Casinos Incorporated, D/B/A Las Vegas Hilton, a Nevada Corporation, John L. Brooks, Frederick Amie, Norman v. Ballard, Jack A. Bosarge, Robert A. Dawson, Douglas S. Delling, Alan Kirk Drake, Roger H. Dudley, and Equal Employment Opportunity Commission, Plaintiff-Intervenor-Appellant v. Hilton Casinos Incorporated, D/B/A Las Vegas Hilton, a Nevada Corporation, Hilton Hotel Corporation
(4×)
See Campbell v. Gerrans, 592 F.2d 1054, 1058 (9th Cir.1979) ("The sanction of judgment by default for failure to comply with discovery orders is the most severe sanction which the court may apply, and its use must be tempered by careful exercise of judicial discretion to assure that its imposition is merited," quoting Trans World Airlines v. Hughes, 332 F.2d 602 , 614 (2d Cir.1964), cert. dism'd, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 and 380 U.S. 249 , 85 S.Ct. 934 , 13 L.Ed.2d 818 (1965).) 11 The court, rather than the jury, made this factual finding because the court awarded compensat…
examined
Cited "see"
Brooks v. Hilton Casinos Inc.
(4×)
See Campbell v. Gerrans, 592 F.2d 1054, 1058 (9th Cir.1979) ("The sanction of judgment by default for failure to comply with discovery orders is the most severe sanction which the court may apply, and its use must be tempered by careful exercise of judicial discretion to assure that its imposition is merited,” quoting Trans World Airlines v. Hughes, 332 F.2d 602 , 614 (2d Cir.1964), cert. dism’d, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 and 380 U.S. 249 , 85 S.Ct. 934 , 13 L.Ed.2d 818 (1965).). .
examined
Cited "see"
Cincinnati Ins. Co. v. Synergy Gas, Inc.
(3×)
See Trans World Airlines, Inc. v. Hughes , 332 F.2d 602 (2d Cir. 1964), cert. dismissed, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 (1965); 1 Lyons, Alabama Practice (1973) (Author's Comments to Rule 37); see also Cine Forty-Second St.
examined
Cited "see"
Iverson v. Xpert Tune, Inc.
(3×)
See Trans World *Page 88 Airlines, Inc. v. Hughes , 332 F.2d 602 (2d Cir. 1964), cert. dismissed, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 (1965); 1 Lyons, Alabama Practice (1973) (Author's Comments to Rule 37); see also Cine Forty-Second St.
cited
Cited "see"
Albert M. Greenfield Foundation v. Bankers Securities Corp.
See T.W.A., Inc. v. Hughes, 332 F. 2d 602 (2d Cir. 1964), cert. denied, 380 U.S. 248 (1965).
examined
Cited "see"
Allied Air Freight, Inc., and Allied Air Freight International Corp. v. Pan American World Airways, Inc.
(3×)
See Trans World Airlines Inc. v. Hughes, 332 F.2d 602, 609 (2d Cir. 1964), cert. dismissed, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 (1965).
examined
Cited "see, e.g."
JJK Mineral Co., LLC v. Swiger
(3×)
See, e.g., Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 615 (2nd Cir.1964), cert denied, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 (1965) (attorney client privilege waived where the advice of counsel defense raised in an antitrust case and attorney had submitted an affidavit to the Civil Aeronautics Board); Livingstone v. North Belle Vernon Boro., 91 F.3d 515, 537 (3rd Cir.1996) (civil rights plaintiff who asserted she relied on advice of counsel in waiving the right to sue put advice of counsel in issue and waived privilege); United States v. Amlani, 169 F.3d 1189, 1195-96 (9th Cir.…
examined
Cited "see, e.g."
Aspex Eyewear, Inc. v. E'Lite Optik, Inc.
(3×)
See, e.g., Trans World Airlines, Inc. v. Hughes, 332 F.2d 602, 615 (2nd Cir.1964), cert denied, 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 (1965) (attorney client privilege waived where the advice of counsel defense raised in an antitrust case and attorney had submitted an affidavit to the Civil Aeronautics Board); Livingstone v. North Belle Vernon Boro., 91 F.3d 515, 537 (3rd Cir.1996) (civil rights plaintiff who asserted she relied on advice of counsel in waiving the right to sue put advice of counsel in issue and waived privilege); United States v. Amlani, 169 F.3d 1189, 1195-96 (9th Cir.…
examined
Cited "see, e.g."
Kremer v. Cox
(3×)
See, e.g., Trans World Airlines v. Hughes (1964), 332 F.2d 602 , 615, certiorari denied (1965), 380 U.S. 248 , 85 S.Ct. 934 , 13 L.Ed.2d 817 ; Handgards, Inc. v. Johnson & Johnson (N.D.Cal.1976), 413 F.Supp. 926 .
Retrieving the full opinion text from the archive…
HUGHES TOOL CO. ET AL.
v.
TRANS WORLD AIRLINES, INC.
v.
TRANS WORLD AIRLINES, INC.
443.
Supreme Court of the United States.
Mar 8, 1965.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
Chester C. Davis argued the cause for petitioners. With him on the briefs were Paul A. Porter, Victor H. Kramer, Abe Krash, Dennis G. Lyons, Werner J. Kronstein and Daniel A. Rezneck.
John F. Sonnett argued the cause for respondent. With him on the briefs were Dudley B. Tenney, Raymond L. Falls, Jr., Marshall H. Cox, Jr., and Abraham P. Ordover.
Acting Solicitor General Spritzer, Assistant Attorney General Orrick, Lionel Kestenbaum, O. D. Ozment and Robert L. Toomey filed a memorandum for the Civil Aeronautics Board, as amicus curiae.
PER CURIAM.
The writ of certiorari is dismissed as improvidently granted.