What is the difference between dismissal for failure to post a bond and dismissal for failing to pay a sanction?

MultiRegion, United States of America

The following excerpt is from Selletti v. Carey, 173 F.3d 104 (2nd Cir. 1999):

12 We acknowledge the potential distinction between dismissal for failure to post a bond and dismissal for failure to pay a sanction, which more directly reflects misconduct by the party involved. Such misconduct itself might warrant dismissal if a plaintiff's financial circumstances eliminate the effectiveness of sanctions as a remedy or as a deterrent. See Herring v. City of Whitehall, 804 F.2d 464, 468 (8th Cir.1986) ("If the party is not capable of [paying discovery sanctions], the district court should then consider other sanctions. The ultimate sanction of dismissal with prejudice should only be used when lesser sanctions prove futile."). Nevertheless, where dismissal is predicated on the non-payment itself, as opposed to the underlying misconduct, the degree of that misconduct does not alter our analysis with respect to the significance of a party's inability to pay. See id. (holding that district court abused its discretion by dismissing for non-payment without inquiring into party's asserted inability to pay).

Other Questions


What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
Can a motion to dismiss an action be dismissed for failing to follow local rules? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for dismissing an action for failure to prosecute or failure to comply with a court order? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
Is dismissal with prejudice the appropriate sanction for failure to prosecute? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, does the dismissal count as a strike? (MultiRegion, United States of America)
Does a motion to dismiss the motion for failure to prosecute for sexual assault have any grounds for dismissal? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.