Legal Opinion

Rose v. Batson v. Neal Spelce Associates, Inc.

Court of Appeals for the Fifth Circuit

Decided July 18, 1985No. 84-1841PublishedCited by 174 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

In this appeal we consider whether the district court abused its discretion in dismissing a civil rights plaintiff’s complaint with prejudice and assessing over $30,000 in attorney’s fees and costs for failure to comply with a discovery order. We hold that sanctions were appropriate but that the district court abused its discretion in this instance by the severity of those imposed. Accordingly, we remand for a reconsideration and reassessment of sanctions in the light of this opinion.

I

Rose V. Batson (Batson), the appellant, filed suit on March 8, 1983, in…

2Cases cited12 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  4. Hall v. ColeSupreme Court of the United States · 1973
  5. Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1980

7 more not listed; retrieve them via the Exa API.

3Cited by174 opinions

  1. Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff AbnerCourt of Appeals for the Fifth Circuit · 1987
  2. Nissho-Iwai American Corporation v. R. Sukarno Kline, Individually and D/B/A Frankenburg Import-Export Ltd.Court of Appeals for the Fifth Circuit · 1988
  3. United States of America for the Use of M-Co Construction, Inc. v. Shipco General, Inc.Court of Appeals for the Fifth Circuit · 1987
  4. Amiker v. Drugs for Less, Inc.Mississippi Supreme Court · 2000
  5. Tollett v. The City of KemahCourt of Appeals for the Fifth Circuit · 2002

169 more not listed; retrieve them via the Exa API.

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