Winters v. Teledyne Movible Offshore, Inc.
776 F.2d 1304 (5th Cir. 1985) Cited 325 timesHolding that later service upon defendants or a lack of prejudice to defendants is not relevant in a good cause analysis
Newby v. Enron Corp.
284 F. App'x 146 (5th Cir. 2008) Cited 79 timesFinding that the district court acted within its discretion when it dismissed a case—even where the applicable statute of limitations barred refiling—because the plaintiff failed to serve the defendant after 1,000 days, including 126 days after receiving notice of defects from the defendants
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 68,414 times 121 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 47,972 times 24 Legal AnalysesHolding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 408 - Compromise Offers and Negotiations
Fed. R. Evid. 408 Cited 4,241 times 43 Legal AnalysesHolding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
Rule 118 - Amendment
Tex. R. Civ. P. 118 Cited 44 timesAt any time in its discretion and upon such notice and on such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. Tex. R. Civ. P. 118