Beck v. Sapet’s Empirical Analysis
2006
Citation profile
13 state decisions
Relationships
Relies on McGowan v. Faulkner Concrete Pipe Co. · 688 So. 2d 1385 - Pierce v. Heritage Properties, Inc. · Trakas v. Quality Brands, Inc. · 861 So. 2d 1037 - Bowie v. Montfort Jones Memorial Hosp. · Wallace v. Jones
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether the discovery violation resulted from willfulness or an inability to comply; (2) whether the deterrent value of [Mississippi] Rule [of Civil Procedure] 37 could ... have been achieved through lesser sanctions; (3) whether the other party’s trial preparation [was] prejudiced; (4) whether the failure to comply [was] attributable tp the party itself, or [the party’s] attorney; and (5) whether the failure to comply was a consequence of simple confusion or a misunderstanding of the trial court’s order.”
3 later decisions quote this exact passage“[t]rial courts have considerable discretion in discovery matters, and their decisions will not be overturned unless there is an abuse of discretion.”
2 later decisions quote this exact passage“First, dismissal is authorized only when the failure to comply with the court’s order results from wilfulness or bad faith, and not from the inability to comply. Dismissal is proper only in situation [sic] where the deterrent value of Rule 37 cannot be substantially achieved by the use of less drastic sanctions. Another consideration is whether the other party’s preparation for trial was substantially prejudiced. Finally, dismissal may be inappropriate when neglect is plainly attributable to an attorney rather than a blameless client, or when a party’s simple negligence is grounded in confusion or sincere misunderstanding of the court’s orders.”
1 later decision quote this exact passage
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.