Legal Opinion
Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp.
Court of Appeals for the Second Circuit
Decided June 28, 1979No. 1040, Docket 79-7121PublishedCited by 121 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge.
The Federal Rules of Civil Procedure carried the discovery principles of Equity into the nation’s courts of law in the hope of expediting the litigation process and of transforming the sporting trial-by-surprise into a more reasoned search for truth.1 On their face, the Rules deal harshly with the recusant deponent and the dilatory answeror. Courts have been reluctant, however, *1064to impose the full range of sanctions available under Rule 37. Preclusion of testimony and dismissal are, to be sure, extreme sanctions, to be deployed only in rare situations. But unless…
2Cases cited23 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Hickman v. TaylorSupreme Court of the United States · 1947
- Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- United States v. Procter & Gamble Co.Supreme Court of the United States · 1958
18 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- Lyell Theatre Corp. v. Loews Corp.Court of Appeals for the Second Circuit · 1982
- Outley v. City of New YorkCourt of Appeals for the Second Circuit · 1988
- Richard Chira v. Lockheed Aircraft Corp.Court of Appeals for the Second Circuit · 1980
- Litton Systems, Inc., Litton Business Telephone Systems, Inc., Litton Business Systems, Inc., and Litton Industries Credit Corporation, Plaintiffs-Appellees- Cross v. American Telephone and Telegraph Company, Western Electric Company, Inc., Bell Telephone Laboratories, Inc., New York Telephone Company, Inc., New Jersey Bell Telephone Company, Southern Bell Telephone and Telegraph Company, the Ohio Bell Telephone Company, Southwestern Bell Telephone Company, the Pacific Telephone and Telegraph Company, and Pacific Northwest Bell Telephone Company, Defendants-Appellants-Cross Litton Systems, Inc. v. Southwestern Bell Telephone CompanyCourt of Appeals for the Second Circuit · 1983
- Bambu Sales, Inc. v. Ozak Trading Incorporated and Doron GratchCourt of Appeals for the Second Circuit · 1995
116 more not listed; retrieve them via the Exa API.