Legal Opinion · Dissent

Illinois Central Gulf Railroad Company v. Luther W. McLain

Mississippi Supreme Court

Decided July 30, 2015No. 2013-CA-01660-SCTPublished

1DissentKing, Justice

¶ 28. Because a trial court’s order' imposing sanctions is reviewed for abuse of discretion, and because dismissal of an action is reserved for thé most extreme circumstances, I believe that the trial judge did not abuse her discretion in issuing monetary sanctions. ’ Further, I believe that the majority’s holding to dismiss McLain’s ease without remanding to the trial court for reconsideration of greater sanctions would require this Court to adopt a per se rule of dismissal in cases involving perjury.4 Accordingly, I dissent.

¶29. This Court will affirm a trial court’s imposition of sanctions…

2Cases cited13 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. Amiker v. Drugs for Less, Inc.Mississippi Supreme Court · 2000
  3. Pierce v. Heritage Properties, Inc.Mississippi Supreme Court · 1997
  4. Ladner v. LadnerMississippi Supreme Court · 1983
  5. Scoggins v. Ellzey Beverages, Inc.Mississippi Supreme Court · 1999

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