Roberts ex rel. Nelson v. Madigan

How courts have described this case

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

• holding that “when a court finds that service is insufficient but curable, it generally should quash the service and give the plaintiff an opportunity to re-serve the defendant” (quoting Pell v. Azar Nut Co., 711 F.2d 949, 950 n.2 (10th Cir. 1983))
• finding that allowing time for the plaintiff to effectuate proper service of process would be futile where the complaint was subject to dismissal under Rule 12(b)(6)
• finding that allowing time for the plaintiff to effectuate proper ser- vice of process would be futile where the complaint was subject to dismissal under Rule 12(b)(6)
• affirming dismissal for failure to serve because “proper service of process would be futile” based on the merits of the claims
• stating “general rule [] that when a court finds that service is insufficient but curable, it generally should quash the service and give the plaintiff an opportunity to re-serve the defendant” (internal quotation marks omitted)
• stating “general rule [] that when a court finds that service is insufficient but curable, it generally should quash the service and give the plaintiff an opportunity to re-serve the defendant” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).