Wolfe v. Fine’s Empirical Analysis

Citation profile

9 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[g]iven the severity of dismissal as a sanction ... and the oft-stated preference for trial on the merits, this discretion must be exercised carefully and in accordance with standards identified in our cases. Thus, dismissal should be adopted as a remedy only in extreme circumstances and only after the trial court has considered lesser sanctions. The inquiry should include whether the conduct calling for sanctions was willful and whether the other party was prejudiced by it, and the sanction imposed should, wherever possible, be tailored to the offense. These factors serve as a basis for determining whether or not the trial court has abused its discretion.”

   3 later decisions quote this exact passage
   e.g. Lofton v. Kator & Scott · Neill v. District of Columbia Public Employee Relations Board

2. “[WJhere the case progresses to the day of trial and the plaintiff, disappointed by rulings of the court which are adverse to her case, then refuses to go forward, a Rule 41(b) dismissal may be appropriate. In such a situation the aggrieved plaintiff is free to — and should — proceed to trial as limited by the court’s procedural rulings, and if not successful at trial challenge those rulings on appeal. A trial judge understandably need not look kindly upon last-minute maneuvers which would wreak havoc on the court’s trial calendar, and in the face of a refusal to go forward may in his discretion reject plaintiffs suggestion of dismissing without prejudice or resorting to some other milder sanction. We are loath to disturb a dismissal with prejudice under the circumstances presented here.”

   1 later decision quote this exact passage
   e.g. Fischer v. Estate of Flax

3. “[T]his does not seem to be a clear situation where the plaintiff came to the day of trial on a last-minute request and nothing but blind hope of a continuance and knowing that if the continuance were denied, he would have to proceed forthwith. There is a certain logic to an approach whereby a trial court at that point denies a plaintiffs motion for a continuance and then lets the chips fall where they may.... [Plaintiff] may proceed to trial as scheduled with whatever evidence he has, and the trial court may make any merits rulings called for, such as on a motion for a directed verdict. Or he may refuse to proceed and risk the consequences, such as an involuntary dismissal ...”

   1 later decision quote this exact passage
   e.g. Dobbs v. Providence Hospital