Legal Opinion
Regina Mullen and George Mullen v. Sears, Roebuck, and Company
Court of Appeals for the Fifth Circuit
Decided November 3, 1989No. 89-3180PublishedCited by 17 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
The Mullens failed to comply with Louisiana’s prescriptive statutes by serving Sears within the limitations period, service required by Louisiana because the suit was filed in a court where venue was improper. We hold that removing to federal district court where venue was proper did not relieve the Mullens from the service require ment. We therefore affirm the district court’s summary judgment for Sears.
I
On August 1, 1987, Regina Mullen fell while shopping at Sears’s store in the Oak-wood Shopping Center in Jefferson Parish, Louisiana. She allegedly…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Reinaldo Taylor v. Bailey Tool & Manufacturing CoCourt of Appeals for the Fifth Circuit · 2014
- McConnell v. Thomson Newspapers, Inc.District Court, E.D. Texas · 1992
- Coleman v. Conseco, Inc.District Court, S.D. Mississippi · 2002
- Wm. H. McGee & Co. v. Liebherr America, Inc.District Court, E.D. Kentucky · 1992
- Moore v. Kmart Corp.District Court, E.D. Louisiana · 1995
12 more not listed; retrieve them via the Exa API.