Edgar v. Slaughter’s Empirical Analysis
548 F.2d 770 · 1977
Citation profile
40 federal appellate · 4 district · 17 state decisions
How this case has been cited
Cited by 100 later decisions — most recently February 2014 · most notably Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp. (1979), Shelton v. American Motors Corp. (1986)
40 federal appellate · 4 district · 17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. Rogers · General Dynamics Corp. v. Selb Manufacturing Co. · Fox v. Studebaker-Worthington, Inc. · Paris Reizakis v. Albert E. Loy
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Prior to dismissal or entering a default judgment, fundamental fairness should require a district court to enter an order to show cause and hold a hearing, if deemed necessary, to determine whether assessment of costs and attorney fees or even an attorney’s citation for contempt would be a more just and effective sanction. Dismissal and entry of a default judgment should be the rare judicial act. When noncompliance is the result of dilatory conduct by counsel, the courts should investigate the attorney’s responsibility as an officer of the court and, if appropriate, impose on the client sanctions less extreme than dismissal or default, unless it is shown that the client is deliberately or in bad faith failing to comply with the court’s order.”
20 later decisions quote this exact passage · from the majority“The various sanctions under Rule 37(b)(2)(A-E) allow the court, Inter alia, to treat such failure as contempt of court, to require the payment of reasonable attorney fees, to stay proceedings until the order is obeyed, to require admissions, to allow designated evidence without further dispute, to strike pleadings, and to enter a dismissal or judgment by default. It can readily be perceived that the latter sanction is most severe and harsh. The Supreme Court and this court have strongly indicated that the harsh remedies of dismissal and default should only be used when the”
4 later decisions quote this exact passage · from the majority“In Edgar v. Slaughter, supra, 548 F.2d l.c. 772, 773, this court stated: 83 Fed.R.Civ.P. 37(a) and (b) provide broad discretion to the trial court to impose sanctions for failure to comply with the court's order. Yet, as has been often noted, the rule requires the court to enter”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.