two primary factors (Idaho) · Go Syfert
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two primary factors in Idaho

8 Idaho opinions name it 2 courts 1990–2016 0 in the last five years

The cases below were cited by Idaho 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.

Followed or applied (3)

CaseFollowedCited
Ashby v. W. COUNCIL, LUMBER PRODUCTIONgreen
idaho · 1990 · cited in 6 Idaho opinions naming this issue, 1992–2008
2 sentences

2008“The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one ‘aggravating’ factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.” 1 Id. (quoting Ashby, 117 Idaho at 686-87 , 791 P.2d at 436-37 ).

2002Workers, 117 Idaho 684 , 791 P.2d 434 (1990), the Idaho Supreme Court enumerated factors that must be expressly considered by the trial court in deciding whether dismissal with prejudice is warranted: The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one “aggravating” factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.

26
State Insurance Fund v. Jarolimekgreen
idaho · 2003 · cited in 2 Idaho opinions naming this issue, 2008–2016
2 sentences

2016Fund v. Jarolimek, 139 Idaho 137, 139 , 75 P.3d 191, 193 (2003)).

2008“The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one ‘aggravating’ factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.” 1 Id. (quoting Ashby, 117 Idaho at 686-87 , 791 P.2d at 436-37 ).

12
Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appelleegreen
ca5 · 1982 · cited in 1 Idaho opinions naming this issue, 1990–1990
1 sentence

1990Rogers v. Kroger, 669 F.2d 317, 320 (5th Cir.1982); Morris v. Ocean Sys., Inc., 730 F.2d 248 (5th Cir.1984); Boudwin v. Graystone Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Lee v. Nickerson green
idaho · 2008
1 sentence

2016“The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one ‘aggravating’ factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.” Id. (quoting State Ins.

12016–2016
Southern Idaho Production Credit Ass'n v. Astorquia green
idaho · 1987
2 sentences

2000Astorquia, 113 Idaho at 531 , 746 P.2d at 990 ; Fish Haven Resort, supra. Further, the Idaho Supreme Court has established certain factors that a trial court must consider before imposing the most severe sanctions: “The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one ‘aggravating’ factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.” Ashby, 117 Idaho at 686-87 , 791 P.2d at 436-37 (citations omitted).

2000Astorquia, 113 Idaho at 531 , 746 P.2d at 990 ; Fish Haven Resort, supra. Further, the Idaho Supreme Court has established certain factors that a trial court must consider before imposing the most severe sanctions: “The two primary factors are a clear record of delay and ineffective lesser sanctions, which must be bolstered by the presence of at least one ‘aggravating’ factor, including: 1) delay resulting from intentional conduct, 2) delay caused by the plaintiff personally, or 3) delay causing prejudice to the defendant.” Ashby, 117 Idaho at 686-87 , 791 P.2d at 436-37 (citations omitted).

12000–2000
Sidney Morris v. Ocean Systems, Inc. green
ca5 · 1984
1 sentence

1990Rogers v. Kroger, 669 F.2d 317, 320 (5th Cir.1982); Morris v. Ocean Sys., Inc., 730 F.2d 248 (5th Cir.1984); Boudwin v. Graystone Ins.

11990–1990

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ID 8 (1990–2016) WA 4 (2001–2017) TX 2 (1992–2000) IL 2 (2011–2011)

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.

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