Drop Dead Co. v. S. C. Johnson & Son, Inc.

How courts have described this case

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

• concluding that good cause is at least as demanding as excusable neglect and that the factors which go to excusable neglect may also be considered to show good cause
• stating that “[e]xcusable neglect seems to require a demonstration of good faith on the part of the party seeking an enlargement and some reasonable basis for non- compliance within the time specified in the rules”
• employing an abuse of discretion standard to the r eview of a grant of extension of time to serve process
• turning, in service of process context, to five express factors identified in Consolidated as well as sixth factor for “whether the enlargement of time will prejudice the opposing party”
• prejudice to the opposing party must be taken into account in granting an extension of time
• no prejudice to defendant under Rule 4(j) where defendant had actual notice of plaintiff 's claim and facts on which it was grounded

Source: CourtListener parenthetical corpus (CC0).