What factors are considered in determining whether to dismiss a case?

MultiRegion, United States of America

The following excerpt is from Kaplan v. Hezbollah, 20-1053-cv (2nd Cir. 2021):

"No single factor is generally dispositive." Id. Even where the court issues an order to show cause and the plaintiff fails to comply, the court must make a finding of "willfulness, bad faith, or reasonably serious fault" by evaluating those criteria before dismissing the case. Id. at 217. Dismissal is "a harsh remedy to be utilized only in extreme situations." United States ex rel. Drake v. Norden Sys., Inc., 375 F.3d 248, 254 (2d

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