602 F.2d 1062 (2d Cir. 1979)
Cine Forty-Second Street Theatre is a leading Second Circuit decision on discovery sanctions that every civil procedure student should know. It answers a recurring and difficult question: when is dismissal appropriate for a party's failure to comply with discovery orders, and how should courts treat extreme negligence by attorneys?
Whether dismissal under Federal Rule of Civil Procedure 37 is an appropriate sanction for discovery violations where the noncompliance stems from counsel's gross negligence rather than the client's personal willfulness or bad faith.
Under Federal Rule of Civil Procedure 37(b)(2), a district court may impose sanctions, including dismissal, when a party fails to obey a discovery order. Dismissal is warranted upon a finding of willfulness, bad faith, or fault by the noncompliant party. Fault encompasses gross professional negligence by counsel, which may be imputed to the client. In exercising discretion, courts consider factors such as the willfulness of noncompliance, the duration and pattern of violations, notice and warnings, prejudice to the opposing party, the efficacy of lesser sanctions, and the court's need to manage its docket and deter noncompliance. See Societe Internationale v. Rogers and Link v. Wabash R.R. Co.
The Second Circuit affirmed the dismissal, holding that counsel's gross negligence in failing to comply with discovery orders constituted "fault" sufficient to justify the sanction of dismissal under Rule 37, and that such fault could be attributed to the client.
Cine Forty-Second Street is a foundational case on Rule 37 sanctions. It makes clear that gross negligence by counsel can satisfy the willfulness/bad-faith/fault threshold for dismissal and that clients bear the consequences of their attorney's serious derelictions. For students, the case illustrates how courts balance fairness, prejudice, deterrence, and docket control when choosing sanctions. It is frequently cited for the proposition that dismissal—though harsh—may be necessary in extreme circumstances to vindicate the integrity of the discovery process and the court's authority.