Robert C. Torre Sherrill M. Polk v. James R. Brickey, Jr.

How courts have described this case

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

• holding there was no conflict 4 between an Oregon law providing that an action is deemed commenced on the date 5 of filing only if the summons is served within 60 days thereafter, and Rules 3 and 6 4(m) because the Oregon rule was substantive
• courts apply the forum state’s substantive law when subject matter is based on diversity of citizenship, except to the extent inconsistent with federal law
• “Under Oregon law, the action was not 8 This process is explained in detail in the District’s Case Opening Manual. See Eastern District of New York, CM/ECF Electronic New Civil Case Opening Manual 23–24, 30 (2018
• “There is no conflict 24 between Rule 4(m) and Oregon law”

Source: CourtListener parenthetical corpus (CC0).