Magallon Ex Rel. Resendiz v. Livingston

How courts have described this case

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

• finding that a cqunsel’s “belief, not wholly unfounded, that [defendant] ... was incompetent” was a sufficiently “reasonable explanation” to avoid dismissal
• finding that plaintiff’s “belief, not wholly unfounded, that [his friend] . . . was incompetent” was a sufficiently “reasonable explanation” to avoid dismissal
• stating that “a plaintiff must have a reasonable basis for naming the wrong party to be entitled to ratification, joinder, or substitution.”
• holding district court abused its discretion in refusing substitution where Consul General of Mexico had believed named plaintiff was incompetent
• stating that under Texas law, the standard for legal capacity to sue is “whether individuals, ‘by reason of mental or bodily infirmity, [are] incapable of properly caring for their own interests in the litigation.’” (alteration in original
• finding the district court erred in dismissing a case where the plaintiff offered a “reasonable explanation”

Source: CourtListener parenthetical corpus (CC0).