Legal Opinion
Keva Sampson v. ASC Industries
Court of Appeals for the Fifth Circuit
Decided March 13, 2015No. 14-10085PublishedCited by 31 opinions
1Opinion of the Court
JAMES E. GRAVES, JR., Circuit Judge:
This appeal raises the question of whether personal service of a suggestion of death on a deceased-plaintiffs estate is required in order for the ninety-day time limit to run for the substitution of a party under Federal Rule of Civil Procedure (“Rule”) 25. For the reasons outlined below, we hold that personal service is required.
I
Rebecca Breaux (“Breaux”) brought this age discrimination action against her employer ASC Industries on May 6, 2012. On May 24, 2013, Breaux’s attorney Lurlia Oglesby (“Oglesby”) filed with the court a statement in accordance with…
2Cases cited8 opinions
- Brian Barlow v. George Ground, Officer 9129 L.O. Oberlies, Officer 1706 A. Tucker, Officer 9363 Ray Shay, Officer 3269Court of Appeals for the Ninth Circuit · 1994
- Bellaire General Hospital v. Blue Cross Blue Shield of MichiganCourt of Appeals for the Fifth Circuit · 1996
- Fariss v. Lynchburg FoundryCourt of Appeals for the Fourth Circuit · 1985
- Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971
- Atkins Ex Rel. Atkins v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2008
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Stacy Lewis v. Nancy BerryhillCourt of Appeals for the Fourth Circuit · 2017
- Kotler v. JubertCourt of Appeals for the Second Circuit · 2021
- Walter Block v. New York Times CompanyCourt of Appeals for the Fifth Circuit · 2016
- Marcus v. American Contract Bridge LeagueCourt of Appeals for the First Circuit · 2023
- Martinez v. Superior HealthPlan, Inc.District Court, W.D. Texas · 2019
26 more not listed; retrieve them via the Exa API.