· 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 CourtListenerSourced 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.