Seventh Circuit Clarifies Standards For Dismissal As A Discovery Sanction

In Maynard v. Nygren, 332 F.3d 462 (7th Cir. June 10, 2003), the Seventh Circuit considered an appeal from the entry of dismissal as a sanction under Fed.R.Civ.P. 37(c). Reconciling earlier cases, the court clarified that dismissal based on discovery misconduct requires a finding of willfulness, bad faith or fault, and an express determination that lesser sanctions would not suffice. The court distinguished dismissal under Rule 37(c) from dismissal for want of prosecution or for failure to comply with court orders (see Rule 41(b)), which require a record of delay, contumacious conduct or failure of prior sanctions. While the bases for all of these dismissals differ, Maynard established that “clear and convincing” evidence is required now across the board.