BRAUNFELD ET AL.
v.
GIBBONS, POLICE COMMISSIONER, ET AL.

U.S. | 1960-10-24
No. 67
364 U.S. 867 Supreme Court of the United States (1960) Positive Treatment
Cited by 1 case

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  • Wyle v. R.J. Reynolds Indus., Inc., 709 F.2d 585 (9th Cir. 1983)
    …more closely. Id. We have held that a Rule 37 dismissal does not violate the right to a jury trial where a party fails to comply with court-ordered discovery. McMullen v. Travelers Insurance Co., 278 F. 2d 834 (9th Cir.) (per curiam), cert. denied, 364 U.S. 867, 81 S.Ct. 110, 5 L.Ed.2d 89 (1960). When necessary, the district court may hold an evidentiary hearing on a motion for sanctions. Indeed, that method best determines the appropriate sanctions while protecting a party’s due process rights. See, e.g.…

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