Legal Opinion
William J. Tuke v. United States
Court of Appeals for the Seventh Circuit
Decided February 9, 1996No. 95-3176PublishedCited by 59 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
An attorney who files suit when the statute of limitations is about to expire must take special care to achieve timely service of process, because a slip-up is fatal. Attorney Stephen R. Leopold filed this suit under the Federal Tort Claims Act at the end of the limitations period yet treated service casually. He did not bother to read Fed.R.Civ.P. 4, which governs service in federal litigation, and relied on his adversary to tell him what he must do. When he got that advice, he tarried in following it. The delay has cost his client the litigation and exposes…
2Cases cited20 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Schiavone v. FortuneSupreme Court of the United States · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Allen King v. Eric TaylorCourt of Appeals for the Sixth Circuit · 2012
- Debra McMasters v. United States of America and the Department of the NavyCourt of Appeals for the Seventh Circuit · 2001
- Veal v. United StatesCourt of Appeals for the Third Circuit · 2004
- In the Matter of Oliver Plunkett and Monica Plunkett, Debtors. Appeal of Emerald Builders, IncCourt of Appeals for the Seventh Circuit · 1996
- Paul Morrissey v. Alejandro MayorkasCourt of Appeals for the D.C. Circuit · 2021
54 more not listed; retrieve them via the Exa API.