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· 5/2/1990

David Floyd v. United States

Citations

  • 900 F.2d 1045
  • 1990 WL 47215

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the fact that dismissal of an action without prejudice will effectively bar a plaintiffs claim if the statute of limitations has run does not, in and of itself, “serve to establish good cause and otherwise prevent dismissal”
  • explaining that attorney’s neglect, without “substantial extenuating factors such as sudden illness or natural disaster,” was not enough for good cause
  • stating that to support a finding of good cause, plaintiff must offer an explanation for noncompliance with the service requirements
  • “simple attorney neglect, without the presence of substantial extenuating factors such as sudden illness or natural disaster, cannot constitute the sole basis for a ‘good cause’ determination.”
  • considering prejudice to plaintiff in Rule 4(j) determination

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Ripple

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.