Legal Opinion
Del P. Henry, Jr., a Single Man, Plaintiff-Appellant-Cross-Appellee v. Gill Industries, Inc., Defendant-Appellee-Cross-Appellant
Court of Appeals for the Ninth Circuit
Decided January 12, 1993No. 91-15727, 91-16004PublishedCited by 580 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
In this appeal and cross-appeal we must .decide whether a civil action can be dismissed as a sanction for failure to comply with discovery rules and whether a summary judgment motion on a counterclaim can be granted based solely on failure of the opposing party to file an answering memorandum under local court rules.
I
Del P. Henry, Jr., (“Henry”) brought suit against Gill Industries, Inc. (“Gill”) in January 1989 for alleged misconduct in connection with a 1985 securities transaction. Gill counterclaimed alleging that Henry’s suit breached a settlement agreement…
2Cases cited13 opinions
- Hibernia National Bank v. Administracion Central Sociedad Anonima, Jorge Raoul Garcia Granados De GarayCourt of Appeals for the Fifth Circuit · 1985
- United States of America, and Lummi Indian Tribe, Intervenor-Appellant v. State of WashingtonCourt of Appeals for the Ninth Circuit · 1992
- Joseph B. Williams and Leo Bazile v. Joseph L. AliotoCourt of Appeals for the Ninth Circuit · 1980
- Wanderer v. JohnstonCourt of Appeals for the Ninth Circuit · 1990
- Fjelstad v. American Honda Motor Co.Court of Appeals for the Ninth Circuit · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by580 opinions
- Cyrus Ghazali v. John Moran, Sheriff Clark County CommissionersCourt of Appeals for the Ninth Circuit · 1995
- In Re Phenylpropanolamine (Ppa) Products Liability Litigation, Shantell Allen, on Behalf of Allen, Vera v. Bayer Corporation, Leon Anderson, Jr. v. Bayer Corporation, Leslie Ackel v. Bayer Corporation, Bridgett Arrington v. Bayer Corporation, Calvin McGriggs v. Delaco Company, Betty Clinton v. Delaco Company, Donna Sasseen v. Ide Interstate Inc., Elizabeth Page v. Bayer Corporation, Marie Riley v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Keva K. Alford, on Behalf of All Wrongful Death Beneficiaries of Henry Dexter, and Eddie Bullock v. Wyeth, Obo Itself and Its Unincorporated Division, Wyeth Consumer Healthcare, Fka Whitehall-Robins Healthcare Formerly Known as American Home Products Corporation, and Novartis Pharmaceuticals Corporation, Bobby Holmes v. Bayer Corporation, Melody McDaniel v. Wal-Mart Stores, Inc., Samantha Samuels v. Bayer CorporationCourt of Appeals for the Ninth Circuit · 2006
- Nissan Fire & Marine Insurance Company, Ltd v. Fritz Companies, Inc.Court of Appeals for the Ninth Circuit · 2000
- Yeti by Molly Ltd. v. Deckers Outdoor Corp.Court of Appeals for the Ninth Circuit · 2001
- Anheuser-Busch, Inc. v. Natural Beverage Distributors, D/B/A Mendocino Coast Distributing Co. Florence M. BeardsleeCourt of Appeals for the Ninth Circuit · 1995
575 more not listed; retrieve them via the Exa API.