(DOWNLOAD) "Givens v. A.H. Robins Co." by United States Court of Appeals for the Eighth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Givens v. A.H. Robins Co.
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
ARNOLD, Circuit Judge. This case presents the question whether the District Court abused its discretion in dismissing the plaintiff's action because her lawyer had failed to comply with a discovery order. It also raises the question whether the complaint on its face was barred by limitations, Neb. Rev. Stat. § 25-224 (Cum. Supp. 1982), so as to justify the granting of defendant's motion to dismiss. We hold that counsel's failure to complete discovery before the deadline fixed by court order does not warrant the sanction of dismissal of the complaint with prejudice, though certainly some sanction should be imposed. We also hold that the complaint sufficiently alleges facts that, under Nebraska law, appear to toll the period of limitations. We therefore reverse the dismissal of the complaint and remand for further proceedings, including motions for summary judgment, if filed.