9 Virgin Islands opinions name it 2 courts 2006–2025 2 in the last five years
The cases below were cited by Virgin Islands courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lefteri Poulis and Athena Poulis, His Wife v. State Farm Fire and Casualty Companygreen2 sentences2017The six factors that the Superior Court must consider when determining whether a plaintiff’s failure to prosecute an action should be sanctioned by dismissal are: “ ‘(1) the extent of the party ’ s personal responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and (6) the meritoriousness of the claim or de 2014The factors are: “(1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary caused by failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of alternative sanctions other than dismissal, which entails an analysis of such sanctions; and (6) the meritoriousness of the claim or defense.” Halliday, 53 V.I. at 510 (quoting Poulis, 747 F.2d at 868 ). | 3 | 8 |
Halliday v. Footlocker Specialty, Inc.green2 sentences2017The six factors that the Superior Court must consider when determining whether a plaintiff’s failure to prosecute an action should be sanctioned by dismissal are: “ ‘(1) the extent of the party ’ s personal responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal, which entails an analysis of alternative sanctions; and (6) the meritoriousness of the claim or de 2014The factors are: “(1) the extent of the party’s personal responsibility; (2) the prejudice to the adversary caused by failure to meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or the attorney was willful or in bad faith; (5) the effectiveness of alternative sanctions other than dismissal, which entails an analysis of such sanctions; and (6) the meritoriousness of the claim or defense.” Halliday, 53 V.I. at 510 (quoting Poulis, 747 F.2d at 868 ). | 1 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virgin Islands. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pollara v. Chateau St. Croix, LLC
green
1 sentence2014On appellate review, this court “typically [does] not undertake to balance the Halliday factors in the first instance, but rather determines whether the trial court properly balanced the factors and whether the record supports its findings.” Pollara, 58 V.I. at 470 (citing Molloy v. Independence Blue Cross, 56 V.I 155, 187 (V.I. 2012)). | 1 | 2014–2014 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.