Skip to main content
· 9/22/1998

John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic Surgery

Citations

  • 157 F.3d 191
  • 41 Fed. R. Serv. 3d 988
  • 1998 U.S. App. LEXIS 23319
  • 1998 WL 644945

How courts have described this case

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

  • holding that defense of insufficient service of process is waived if objections are not raised in the answer or pre-answer motion
  • holding that defense of insufficient service of process is waived if objections are not raised in the answer or pre-answer motion
  • noting that good cause is generally established when a plaintiff moves for an extension of time before the expiration of the 120 days service period
  • explaining that the “Federal Rules are meant to be applied in such a way as to promote justice”
  • noting that good cause is generally established when a plaintiff moves for an extension of time before the expiration of the 120-day service period'
  • affirming Rule 4(m) dismissal where plaintiff did not show diligence in timely serving defendants and failed to seek extension of time before deadline lapsed

Source: CourtListener parenthetical corpus (CC0).

Judges: Slovtter, Roth, Feikens

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.