15 Cited authorities

  1. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 24,108 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
  2. In re Phenylpropanolamine

    460 F.3d 1217 (9th Cir. 2006)   Cited 4,535 times   4 Legal Analyses
    Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice
  3. 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

  4. In re Guidant Corp.

    496 F.3d 863 (8th Cir. 2007)   Cited 1,451 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
  5. Mut. Federal Sav. Loan v. Richards Assoc

    872 F.2d 88 (4th Cir. 1989)   Cited 2,625 times
    Holding that conduct such as "stalling and ignoring direct orders of the court . . . must obviously be deterred"
  6. Wilson v. Volkswagen of America, Inc.

    561 F.2d 494 (4th Cir. 1977)   Cited 2,636 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
  7. 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
  8. 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
  9. 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."
  10. 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"
  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 110,185 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,512 times   323 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness
  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,238 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"