Legal Opinion

Foster v. Dingwall

Nevada Supreme Court

Decided February 25, 2010No. 50166PublishedCited by 42 opinions

1Opinion of the Court

*60OPINION

By the Court,

Hardesty, J.:

In this opinion, we address two main issues. First, we consider whether an order to strike appellants’ pleadings was a proper discovery sanction in this case. Second, we address the burden of proof that a party must satisfy at an NRCP 55(b) prove-up hearing to establish damages, following the entry of default.

Because we conclude that appellants’ conduct during discovery was repetitive, abusive, and recalcitrant, we uphold the district court’s decision to strike the pleadings and enter default. We clarify that after an entry of default, at an NRCP 55(b)(2)…

2Cases cited17 opinions

  1. 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
  2. Barmettler v. Reno Air, Inc.Nevada Supreme Court · 1998
  3. Nelson v. HeerNevada Supreme Court · 2007
  4. Bongiovi v. SullivanNevada Supreme Court · 2006
  5. Sea Lion Corp. v. Air Logistics of Alaska, Inc.Alaska Supreme Court · 1990

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3Cited by42 opinions

  1. Wyeth v. RowattNevada Supreme Court · 2010
  2. Bahena v. Goodyear Tire & Rubber Co.Nevada Supreme Court · 2010
  3. Bielar v. Washoe Health Systems, Inc.Nevada Supreme Court · 2013
  4. Andrew ex rel. Pretner v. Century Surety Co.District Court, D. Nevada · 2015
  5. BLIGE v. TERRYNevada Supreme Court · 2023

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