Case Caption: Ernest Halliday, Sr., et al (Appellants/Plaintiffs,) vs. Footlocker Specialty, Inc., et al (Appellees/Defendants)Case Number: S.CT.Civ. No. 2010-053Date: 04/12/2010Author: Hodge, Rhys S. Citation: Summary:

The Supreme Court holds that, because dismissal for failure to prosecute constitutes an extreme sanction, the Superior Court may not order it unless it has expressly considered and weighed the extent of the plaintiff's personal responsibility, the prejudice-if any-to the other parties in the litigation, whether the plaintiff has demonstrated a history of dilatoriness, whether the plaintiff or attorney's conduct was willful or in bad faith, the effectiveness of sanctions other than dismissal, and the meritoriousness of the plaintiff's claim.

Attachment: Open Document or Opinion