28 Cited authorities

Chambers v. Nasco, Inc.
501 U.S. 32 (1991) Cited 9,363 times 14 Legal Analyses
Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"
U.S. ex Rel. Drake v. Norden Systems, Inc.
375 F.3d 248 (2d Cir. 2004) Cited 959 times
Holding presumption of prejudice is rebuttable depending on degree to which delay was lengthy and inexcusable
Lucas v. Miles
84 F.3d 532 (2d Cir. 1996) Cited 1,050 times
Holding that the circuit court will give due deference to the district court's Fed. R. Civ. P. 41[b] dismissal of a pro se litigant's complaint "only when the circumstances are sufficiently extreme"
Nemaizer v. Baker
793 F.2d 58 (2d Cir. 1986) Cited 1,353 times 1 Legal Analyses
Holding that a stipulation of dismissal with prejudice was an adjudication on the merits that barred further federal court proceedings
Klapprott v. United States
336 U.S. 942 (1949) Cited 1,279 times 1 Legal Analyses
Holding a party may not seek relief under the Rule 60(b) catchall provision if the conduct, in fact, falls under Rule 60(b)
State Street Bank v. Inversiones Errazuriz
374 F.3d 158 (2d Cir. 2004) Cited 576 times 1 Legal Analyses
Holding that a bank did not act arbitrarily or irrationally when conditioning its consent to a debtor's asset sale "on the receipt of additional collateral and economic benefits to which the bank was not entitled under the [contract]"
Palmieri v. Defaria
88 F.3d 136 (2d Cir. 1996) Cited 627 times
Holding that proper review of dismissal for failure to prosecute requires careful examination of "each case in its own factual circumstances"
Nelson v. Napolitano
657 F.3d 586 (7th Cir. 2011) Cited 371 times
Holding a plaintiff's voluntary dismissal without prejudice under Rule 41 "does not deprive a district court of jurisdiction for all purposes" and "a district court retains jurisdiction to consider a Rule 60(b) motion following a voluntary dismissal"
Lewis v. Rawson
564 F.3d 569 (2d Cir. 2009) Cited 394 times
Holding it is beyond dispute district court may dismiss case pursuant to Rule 41(b) when plaintiff, without offering explanation, is not ready to present case or refuses to go forward with properly scheduled trial
Peart v. City of New York
992 F.2d 458 (2d Cir. 1993) Cited 260 times
Holding that, while delay caused by plaintiffs counsel's failure to appear at trial "might be said to be minimal in view of her offer to begin trying the case ten days later . . ., we have upheld a dismissal for failure to prosecute where a plaintiffs refusal to proceed to trial was of much shorter duration"
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 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 54,664 times 149 Legal Analyses
Granting relief from the operation of a judgment
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"
Section 1442 - Federal officers or agencies sued or prosecuted
28 U.S.C. § 1442 Cited 5,233 times 89 Legal Analyses
Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

Kriss et al v. Bayrock Group LLC et al

28 Cited authorities

Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

Holding presumption of prejudice is rebuttable depending on degree to which delay was lengthy and inexcusable

Holding that the circuit court will give due deference to the district court's Fed. R. Civ. P. 41[b] dismissal of a pro se litigant's complaint "only when the circumstances are sufficiently extreme"

Holding that a stipulation of dismissal with prejudice was an adjudication on the merits that barred further federal court proceedings

Holding a party may not seek relief under the Rule 60(b) catchall provision if the conduct, in fact, falls under Rule 60(b)

Holding that a bank did not act arbitrarily or irrationally when conditioning its consent to a debtor's asset sale "on the receipt of additional collateral and economic benefits to which the bank was not entitled under the [contract]"

Holding that proper review of dismissal for failure to prosecute requires careful examination of "each case in its own factual circumstances"

Holding a plaintiff's voluntary dismissal without prejudice under Rule 41 "does not deprive a district court of jurisdiction for all purposes" and "a district court retains jurisdiction to consider a Rule 60(b) motion following a voluntary dismissal"

Holding it is beyond dispute district court may dismiss case pursuant to Rule 41(b) when plaintiff, without offering explanation, is not ready to present case or refuses to go forward with properly scheduled trial

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

Granting relief from the operation of a judgment

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

Granting removal power to "[a]ny officer of the United States . . . or person acting under him"