Legal Opinion
Millan v. USAA General Indemnity Co.
Court of Appeals for the Fifth Circuit
Decided October 16, 2008No. 08-30114PublishedCited by 174 opinions
1Opinion of the Court
HAYNES, Circuit Judge:
Stanley Millan appeals the district court’s order dismissing his claims for failing to effect timely service on the proper defendant under Fed.R.Civ.P. 4(m). Although the district court’s dismissal was without prejudice, both parties agree that the running of the applicable statute of limitations likely bars Millan from refiling his claims. Because the record does not support dismissal of Millan’s claims under the heightened standard of review applicable to effective dismissals with prejudice, we reverse and remand as described below.
I. FACTS
In August 2005, Millan…
2Cases cited17 opinions
- Gemeral Earnest Berry, Jr. v. Cigna/rsi-CignaCourt of Appeals for the Fifth Circuit · 1992
- Sam ROGERS, Plaintiff-Appellant, v. KROGER COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Willie E. BOAZMAN, Plaintiff-Appellant, v. ECONOMICS LABORATORY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1976
- Thompson v. BrownCourt of Appeals for the Fifth Circuit · 1996
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3Cited by174 opinions
- Brandon Thrasher v. Amarillo Police DeptCourt of Appeals for the Fifth Circuit · 2013
- Freddie Coleman v. David SweetinCourt of Appeals for the Fifth Circuit · 2014
- Gloria Lozano v. Julie BosdetCourt of Appeals for the Fifth Circuit · 2012
- Paul Morrissey v. Alejandro MayorkasCourt of Appeals for the D.C. Circuit · 2021
- Kirk Jones v. Kevin RamosCourt of Appeals for the Seventh Circuit · 2021
169 more not listed; retrieve them via the Exa API.