Legal Opinion
Colleen Givens v. A.H. Robins Co., Inc.
Court of Appeals for the Eighth Circuit
Decided December 27, 1984No. 84-1482PublishedCited by 53 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
This case presents the question whether the District Court abused its discretion in dismissing the plaintiff’s action because her lawyer had failed to comply with a discovery order. It also raises the question whether the complaint on its face was barred by limitations, Neb.Rev.Stat. § 25-224 (Cum.Supp.1982), so as to justify the granting of defendant’s motion to dismiss. We hold that counsel’s failure to complete discovery- before the deadline fixed by court order does not warrant the sanction of dismissal of the complaint with prejudice, though certainly some sanction…
2Cases cited4 opinions
- Lorin Corp. v. Goto & Co.Court of Appeals for the Eighth Circuit · 1983
- Condon v. AH Robins Co., Inc.Nebraska Supreme Court · 1984
- MacMillen v. AH Robins Co., Inc.Nebraska Supreme Court · 1984
- Farmers Plant Food, Inc. v. William J. Fisher and Chari A. FisherCourt of Appeals for the Eighth Circuit · 1984
3Cited by53 opinions
- Betty Clayton v. White Hall School DistrictCourt of Appeals for the Eighth Circuit · 1985
- Transclean Corporation, James P. Viken, Jon A. Lang, and Donald E. Johnson v. Bridgewood Services, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 2002
- Hutchins v. A.G. Edwards & Sons, Inc.Court of Appeals for the Eighth Circuit · 1997
- Patrick D. Kelly v. Marc GoldenCourt of Appeals for the Eighth Circuit · 2004
- Timothy S. Hunt v. City of Minneapolis, Minnesota Police Officers, Personally and in Their Capacities as Employees/agents of the City of Minneapolis Dan Wells Jeffery Marcell Anthony Barragan John or Jane Doe, Police Officers, Other (Whose Identities Are Unknown at This Time)Court of Appeals for the Eighth Circuit · 2000
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