Legal Opinion

Gloria Lozano v. Julie Bosdet

Court of Appeals for the Fifth Circuit

Decided August 31, 2012No. 11-60736PublishedCited by 45 opinions

1Opinion of the Court

LESLIE H. SOUTHWICK, Circuit Judge:

A Mississippi citizen brought suit against the driver of a rental ear, her passengers, and Enterprise Rent-A-Car for a traffic accident. The defendants who are individuals are foreign nationals, believed to be from Great Britain. Various attempts at service were made, but all failed. After granting two extensions of time, the district court dismissed the suit for lack of service. This circuit has yet to address what timing requirement Rule 4 places on foreign service of process. Today we adopt a flexible due-diligence standard. We also conclude that because…

2Cases cited16 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  3. Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
  4. Alberto Kreimerman v. Casa Veerkamp, S.A. De C.V.Court of Appeals for the Fifth Circuit · 1994
  5. Nuovo Pignone S P A v. Storman Asia MVCourt of Appeals for the Fifth Circuit · 2002

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3Cited by45 opinions

  1. Rasheed Al Rushaid v. National Oilwell VarcCourt of Appeals for the Fifth Circuit · 2014
  2. Institute of Cetacean Research v. Sea Shepherd Conservation SocietyDistrict Court, W.D. Washington · 2015
  3. John Walker v. Transfrontera CV de SACourt of Appeals for the Fifth Circuit · 2015
  4. Schermerhorn v. CenturyTel, Inc. (In re Skyport Global Communications, Inc.)District Court, S.D. Texas · 2015
  5. Aguirre v. ISC Constructors, LLCDistrict Court, E.D. Texas · 2014

40 more not listed; retrieve them via the Exa API.

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