Topic: etermining the correct sanction is a fact specific inquiry … · Go Syfert
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Topic #52

4 canonical passages across 4 cases, quoted by 291 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 Linda Sue Archibeque v. Atchison, Topeka and Santa Fe Railway Company.

#Case FlagCanonical passage Citers
1 Linda Sue Archibeque v. Atchison, Topeka and Santa Fe Railway Company Anchor
ca10 · 1995
green “etermining the correct sanction is a fact specific inquiry that the district court is in the best position to make.” 117
2 Lee v. Max Intern., LLC
ca10 · 2011
green “the ehrenhaus factors are simply a non-exclusive list of sometimes-helpful 'criteria' or guide posts the district court may wish to 'consider' in the exercise of what must always be a discretionary function.” 100
3 Carl E. Bills, in His Capacity as Personal Representative of the Estate of A. Larue Lamb v. The United States of America
ca10 · 1988
green “dismissal for failure to prosecute is a recognized standard operating procedure in order to clear the deadwood from the courts' calendars where there has been prolonged and unexcused delay.” 38
4 Olsen v. Mapes
ca10 · 2003
green “although the language of rule 41(b) requires that the file a motion to dismiss, the rule has long been interpreted to permit courts to dismiss actions sua sponte for a failure to prosecute or comply with . . . court orders.” 36

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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