Legal Opinion

Topsnik v. United States

United States Court of Federal Claims

Decided May 31, 2016No. 14-275TPublished

1Opinion of the Court

Keywords: Tax Refund; Motion to Compel; RCFC 37(a)(5); Sanctions; Order to Show Cause; RCFC 41(b); Dismissal for Failure to Prosecute.

OPINION AND ORDER

ELAINE D. KAPLAN, Judge

This tax refund case is currently before the Court to address two matters. The first is whether the Plaintiff, Gerd Topsnik, should be required to pay the expenses the government incurred in bringing a successful motion to compel the production of certain documents under Rule 37(a)(5)(A) of the Rules of the Court of Federal Claims (RCFC). See Order at 2, ECF No. 44. 1 The second is whether this case should be dismissed…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Link v. Wabash RailroadSupreme Court of the United States · 1962
  3. Landis v. North American Co.Supreme Court of the United States · 1936
  4. United States v. Clintwood Elkhorn Mining Co.Supreme Court of the United States · 2008
  5. Charles William Ledford v. United StatesCourt of Appeals for the Federal Circuit · 2002

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