Dismissal

“ It thus appears that there are five instances in which the dismissal of an action has the force only of a judgment of nonsuit. 'In every other case,' the statute provides, 'the judgment shall be rendered on the merits.' If the case at bar is not included among the enumerated cases in which a dismissal is equivalent to a nonsuit, it must therefore be a judgment on the merits. ”

“ To abstain from doing that which he ought not to do— What a servant must not do only becomes of practical importance when he has, in fact, committed one or other of the prohibited acts, and thus given cause for his immediate dismissal—see Reasons for Dismissal. ”

“ He then proceeded further: 'If the insufficiency of the complaint be not adequate to require dismissal of the complaint, as I believe it is, then the want of equity in the relief sought, or, to view it slightly differently, want of justiciability, clearly demands dismissal.' Id., at 753. ”

“ The right to hire and discharge, the management of the properties, and the direction of the working forces, shall be vested exclusively in the company, and, except as expressly restricted, this right shall not be abridged by anything contained herein.
5. Employees’ right to caution or suspension before discharge.
There shall be posted at each property a list of offenses for commission of which by an employee dismissal may result without notice. For other offenses, employees shall not be discharged without first having been notified that a repetition of the offense will be cause for dismissal. ”

“ It declares that the employee has the right to engage in collective bargaining, and it says, 'Mr. Employer, you must keep your hands off; you shall not use that effective power of dismissal from employment which you have and destroy the organization of the employees by the dismissal of one or more of your employees when they are objectionable on no other ground than that they belong to or have organized a labor union. ”

“ Believing that our decisions should have more lasting power than has been accorded Street, I must respectfully dissent. I would reverse the judgment and remand the case for dismissal of the complaint. ”

“ The question must be whether what was done in fact, and what did in fact procure the dismissal of the plaintiff, was an actionable wrong or not. I have never heard that a man who was dismissed from his service by reason of some slander could not maintain an action against the slanderer because the master had a legal right to discharge him. ”

“ Moreover, no party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. §521 (i) (2) . Notwithstanding, the court feels compelled to comment on the unusual and confusing language in this statutory provision.
I do not like dismissal automatic,
It seems to me to be traumatic.
I do not like it in this case,
I do not like it any place.
As a judge I am most keen
to understand, What does it mean?
How can any person know
what the docket does not show? ”

“ Because a Rule 11 sanction does not signify a district court's assessment of the legal merits of the complaint, the imposition of such a sanction after a voluntary dismissal does not deprive the plaintiff of his right under Rule 41 (a) (1) to dismiss an action without prejudice. ”

“ Before imposing dismissal as a sanction, a district court should ordinarily evaluate the following factors on the record: " (1) the degree of actual prejudice to the [other party] ; (2) the amount of interference with the judicial process; . . . (3) the culpability of the litigant; (4) whether the court warned the party in advance that dismissal of the action would be a likely sanction for noncompliance; and (5) the efficacy of lesser sanctions." Id. at 921 (internal quotation marks and citations omitted) (dismissing case as sanction for discovery violation) . ”

“ Dismissal is quite as effective for his purposes, and more merciful to the clerk. The crying inconvenience of our system is, therefore, that the constitutional authority whose prerogative it is to direct policy and oversee administration has fewer facilities for getting its work well done than has the humblest citizen for obtaining satisfactory aid in his own undertakings. The authority most interested in appointments and dismissals in the civil service has little to do with the one and less to do with the other. ”

“ If the court does later exercise its jurisdiction to determine that the allegations in the complaint do not state a ground for relief, then dismissal of the case would be on the merits, not for want of jurisdiction. ”

“ It appears that charges of dereliction of duty, inefficiency or insubordination had been filed against several employes and after an investigation, three or four of these employes were recommended for dismissal and the papers for the same were prepared and laid on the Commissioner’s desk for his signature. By some means, not explained, the recommendation for dismissal of a Colored man whose name I shall designate as Mr. ”

“ But the law is that where a servant is guilty of conduct which is inconsistent with the true and faithful discharge of his or her service, the master has a right of instant dismissal. Immorality, drunkenness, gross impertinence, disobedience, dishonesty of course, or incompetence to do the work contracted to be done, are all facts which may justify the master. ”

“ Dismiss immediately all officials and employees recommended for dismissal and falling under Category 1 in your report, and whose names are contained in said report, which is attached as an integral part of this Instruction;
2. Require the officials and employees included in Categories 1 and 2 in your report, namely —
(a) Those who are considered resigned because while the administrative cases against them are still pending, the evidence of guilt are strong; (b) Those who are separated from the service, because while there are no complaints against them, they are notoriously undesirable ”

“ In determining that dismissal was appropriate, it specifically considered the need to deter others of the 4,000 plaintiffs in the litigation. See Adriana Intern. Corp., 913 F.2d at 1412-13; Malone v. U.S. Postal Serv., 833 F.2d 128, 132 n. 1 (9th Cir.1987) .
The overwhelming weight of the factors supporting dismissal overcomes the policy favoring disposition of cases on their merits. But even that policy lends little support to appellants, whose total refusal to provide discovery obstructed resolution of their claims on the merits. ”

“ If after such investigation the Chief Executive is of the opinion that the officer has been guilty of misconduct, he may inflict such punishment, other than dismissal or compulsory retirement, upon the officer as may seem to him to be just. ”

“ Let him have the power, and the sixty thousand who now hold employments under government would become dependent upon him for the means of existence.... I know that there are many virtuous and high-minded citizens who hold public office; but it is not, therefore, the less true that the tendency of the power of dismissal is such as I have attributed to it; and that, if the power be left unqualified, and the practice be continued as it has of late, the result must be the complete corruption and debasement of those in public employment.... ”

“ A PENGHULU is punished for neglect of his duties by suspension from his office for a definite period, or in more serious cases by dismissal and the appointment of another chief Since the dignity and prestige of the office are high, this punishment is deeply felt. ”

“ It held that no worker was under an obligation to give reasons for a desire on his part to sever his relationship with his employer, and it was considered obvious that if the Court was to force employers to give reasons for the dismissal of men, it would be inserting a clause that hitherto had not been contemplated by either party. ”

“ The power is of ancient origin, having its roots in judgments of nonsuit and non prosequitur entered at common law, e.g., 3 Blackstone, Commentaries (1768) , 295-296, and dismissals for want of prosecution of bills in equity, e.g., id., at 451. It has been expressly recognized in Federal Rule of Civil Procedure 41 (b) , which provides, in pertinent part:
' (b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him. ”

“ Dismissal of Federal employee for disloyal act, etc.Provided, That any employee or official ,of the United States Government who commits any disloyal act or utters any unpatriotic orr disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service. ”

“ The sudden dismissal of the entire ruling staff, executive, or consultative, political, administrative, provincial, municipal, ecclesiastical, educational, military, judicial and financial, summon to take office all who covet it and who have a good opinion of themselves. ”

“ It is found that, as a rule, men remain in office much longer than would be supposed, seeing that dismissal does not follow incapacity, but depends chiefly on the caprice or the necessities of the head of the State. ”

“ We think that only very unusual circumstances can justify dismissal of cases on the ground that certiorari was improvidently granted. Our objections to such dismissals are stronger when, as here, a case has already been argued and decided by the Court. We do not agree that the circumstances relied on by the Court justify this dismissal. ”

“ For this reason the motion to dismiss is overruled; but there was sufficient color of right to a dismissal to warrant uniting a motion to affirm with the motion to dismiss, and on consideration of that motion we are entirely clear the case ought not to be retained for further argument. ”

“ The request was an unusual one, and much surmising took place among his friends as to what could be the meaning of it.
"Depend upon it," said some, who pretended to see farther than others, "his lordship, though he said nothing at the time, has taken offence at your refusal to work for him on Sunday, and, now that the business is finished, intends to give you notice of dismissal." ”

“ When he came into the title and estate some twenty years ago, he dismissed the whole retinue of servants, and, indeed, was defendant in several cases at law where retainers of our family brought suit against him for wrongful dismissal, or dismissal without a penny compensation in lieu of notice. ”

“ If in consequence of some very plain fault a man is punished by dismissal or otherwise, expressly pointing out to him the causes of his punishment, he will sullenly shrug his shoulders and say to his companions, Kismet ”

“ For these reasons I dissent from the disposal made of the case and vote to note jurisdiction.
For the reasons stated by Mr. Justice DOUGLAS in his dissent, and others, Mr. Justice BLACK also dissents from the dismissal of this case. ”

“ Their lighter faults are punished with the stick, their graver with dismissal from the service or removal to a different corps, a penalty they consider worse than death, by which indeed such a sentence is almost always followed. ”

“ It must be remembered that at that epoch the police was not precisely at its ease; the free press embarrassed it; several arbitrary arrests denounced by the newspapers, had echoed even as far as the Chambers, and had rendered the Prefecture timid. Interference with individual liberty was a grave matter. The police agents were afraid of making a mistake; the prefect laid the blame on them; a mistake meant dismissal. ”

“ The Appellate Division affirmed judgment for the petitioner. 231 App.Div. 323, 248 N.Y.S. 15. The Court of Appeals ordered that the complaint be dismissed. 259 N.Y. 51, 181 N.E. 11. The case is here on certiorari from the judgment of dismissal entered by the trial court pursuant to mandate. ”

“ To submit to no stoppage of wages for insurance against accidents. Mon Dieu! On all these points some understanding may be reached, and I am quite disposed to meet them half way. But there is on the point of being formulated a final demand which may render all conciliation impossible.”
“What is that!”
p. 232“They will demand the dismissal of Cardez, who is accused by the workmen of being extremely severe in enforcing the regulations.”
“Dismiss the director? To-morrow they will want to send us away also.”
“Ah, my nephew, is not that the collectivist doctrine, pure and simple? ”

“ Appellant undoubtedly has the right to dismiss its appeal with the leave of the court, and may renew its motion to that effect, unaccompanied by other matter, and the order of dismissal will be entered. Mr. ”

“ An interpretation that can only have the unfortunate consequences of encouraging the filing of sanction motions and discouraging voluntary dismissals cannot be a sensible interpretation of Rules that are designed "to secure the just, speedy, andin expensive determination of every action." ”

“ On the other hand, it is difficult to justify summary suspensions and unreviewable dismissals on loyalty grounds of employees who are not in 'sensitive' positions and who are thus not situated where they could bring about any discernible adverse effects on the Nation's security. ”

“ In the case of an officer or employee who is notoriously undesirable, or has been repeatedly charged administratively but has for any reason escaped disciplinary action, the head of department, office or agency shall take notice of such notoriety and, without the necessity of filing charges, shall summarily dismiss or otherwise terminate the services of the respondent official or employee. ”

“ Where actual misconduct is proven, such as receiving gratuities or bribes, or oppression or insolence in office, or even the want of common courtesy, or drunkenness or other bad habits tending to degrade the officer, or absence from or neglect of duty—in all such cases I know it will be your pleasure to dismiss the employee. ”