Topic: when a motion would be dispositive of the merits of the cau… · Go Syfert
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Topic #15779

3 canonical passages across 3 cases, quoted by 25 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Lafayette Canada v. Union Electric Company.

#Case FlagCanonical passage Citers
1 Lafayette Canada v. Union Electric Company Anchor
ca8 · 1997
green “when a motion would be dispositive of the merits of the cause if granted, courts should normally not treat a failure to respond to the motion as conclusive.” 13
2 Safwat Soliman v. Mike Johanns, Secretary, United States Department of Agriculture
ca8 · 2005
green “when a motion would be dispositive of the merits of the cause if granted, courts should normally not treat a failure to respond to the motion as conclusive.” 7
3 Colleen Givens v. A.H. Robins Co., Inc.
ca8 · 1984
green “dismissal with prejudice is an extreme sanction and should be used in cases of willful disobedience of a court order or continued persistent failure to prosecute a complaint.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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