65 N.C. App. 91 - Schell v. Coleman’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Rule 41(b) power of dismissal is only a permissible sanction, not a mandatory one. The present case illustrates the type of violation which is flagrant and justifies the extreme sanction of a Rule 41(b) dismissal. Like the plaintiff in Harris , the plaintiff here was allowed the opportunity to cure his violation by amending the Complaint yet he failed to do so. Furthermore, plaintiff aggravated the violation by having Coleman served in open court, by informing the North Carolina Department of Insurance that a lawsuit existed against attorneys James C. Coleman and Don Garren in the amount of two million dollars ($2,000,000) for misappropriations, and by causing adverse radio and newspaper publicity. * * * Given the flagrant and aggravated nature of plaintiffs violation of the Rule, we are compelled to hold the trial court abused its discretion in denying defendant’s motion to dismiss.”

   1 later decision quote this exact passage
   e.g. 72 N.C. App. 107 - Stokes v. Wilson and Redding Law Firm