From our private database of 14,000+ case briefs...
Identiseal Corp. v. Positive Identification Systems, Inc.
United States Court of Appeals for the Seventh Circuit
560 F.2d 298 (1977)
Identiseal Corp. (Identiseal) (plaintiff) entered into a franchising agreement with Positive Identification Systems, Inc. (PIS) (defendant) for the sale of its “Identiseal” product. Identiseal subsequently sued PIS for misrepresentation, alleging in its complaint that PIS represented that it was successful in promoting its products, but that in fact it was not. Identiseal’s attorney chose not to engage in discovery because he believed that his client’s chances of prevailing would be maximized if he developed his entire case at trial. In a final pretrial conference, the district court issued an order that the case be dismissed unless Identiseal conducted discovery. Pursuant to this order, the district court ultimately dismissed the complaint because Identiseal did not engage in discovery. Identiseal appealed on the grounds that the district court did not have the authority to order it to conduct discovery or suffer dismissal of the complaint.
Rule of Law
Holding and Reasoning (Swygert, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.