15 Cited authorities

Link v. Wabash Railroad Co.
370 U.S. 626 (1962) Cited 24,565 times 4 Legal Analyses
Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte
In re Phenylpropanolamine
460 F.3d 1217 (9th Cir. 2006) Cited 4,627 times 4 Legal Analyses
Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice
Freeman v. Wyeth
764 F.3d 806 (8th Cir. 2014) Cited 1,728 times
No. 13–3556. 2014-08-13 Patricia FREEMAN, Plaintiff–Appellant v. WYETH; Wyeth Pharmaceuticals, Inc., Defendants–Appellees. Nicholas I. Timko, argued, New York, N.Y., for Plaintiff–Appellant. Frank Lane Heard, argued, Washington, DC, (Tanya Marie Abrams, Washington, DC, Lyn P. Pruitt, Little Rock, AR, on the brief), for Defendants–Appellees. MELLOY Nicholas I. Timko, argued, New York, N.Y., for Plaintiff–Appellant. Frank Lane Heard, argued, Washington, DC, (Tanya Marie Abrams, Washington, DC, Lyn
In re Guidant Corp.
496 F.3d 863 (8th Cir. 2007) Cited 1,453 times 1 Legal Analyses
Holding that the movant's delay was prejudicial to non-movant where the delay hindered the non-movant's investigation of the case and thereby gave an unfair advantage to the movant
Mut. Federal Sav. Loan v. Richards Assoc
872 F.2d 88 (4th Cir. 1989) Cited 2,629 times
Holding that conduct such as "stalling and ignoring direct orders of the court . . . must obviously be deterred"
Wilson v. Volkswagen of America, Inc.
561 F.2d 494 (4th Cir. 1977) Cited 2,639 times
Holding that the evidence was insufficient to establish a pattern of misconduct to justify sanction of default, although the district court had issued two orders compelling discovery and extended the discovery deadline, and notwithstanding that the plaintiffs had only received incomplete responses to their interrogatories and requests for documents
Soufflas v. Zimmer, Inc.
474 F. Supp. 2d 737 (E.D. Pa. 2007) Cited 83 times 2 Legal Analyses
Finding that prescription medical devices are "unavoidably unsafe" for purposes of all strict liability claims
In re Mirena IUD Products Liability Litigation
202 F. Supp. 3d 304 (S.D.N.Y. 2016) Cited 28 times 4 Legal Analyses
Finding summary judgment for defendants for strict product liability and negligence claims
Demmler v. Smithkline Beecham Corp.
448 Pa. Super. 425 (Pa. Super. Ct. 1996) Cited 57 times
Holding "plaintiffs must . . . establish proximate causation by showing that had defendant issued a proper warning to the learned intermediary, he would have altered his behavior and the injury would have been avoided."
Lewis v. Johnson
601 F. App'x 205 (4th Cir. 2015) Cited 19 times 1 Legal Analyses
Affirming a grant of summary judgment because the plaintiff "presented no evidence that [her physician] relied on the warning in Ethicon's patient brochure in deciding to prescribe the TVT"
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 112,111 times 198 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 47,073 times 326 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Wittman et al v. C. R. Bard, Inc. et al

15 Cited authorities

Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice

Holding that the movant's delay was prejudicial to non-movant where the delay hindered the non-movant's investigation of the case and thereby gave an unfair advantage to the movant

Holding that conduct such as "stalling and ignoring direct orders of the court . . . must obviously be deterred"

Finding that prescription medical devices are "unavoidably unsafe" for purposes of all strict liability claims

Finding summary judgment for defendants for strict product liability and negligence claims

Holding "plaintiffs must . . . establish proximate causation by showing that had defendant issued a proper warning to the learned intermediary, he would have altered his behavior and the injury would have been avoided."

Affirming a grant of summary judgment because the plaintiff "presented no evidence that [her physician] relied on the warning in Ethicon's patient brochure in deciding to prescribe the TVT"

Holding that such dismissal "operates as an adjudication on the merits"

Holding that a party may be barred from using a witness if it fails to disclose the witness

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"