Legal Opinion

Ann Williams-Guice v. Board of Education of the City of Chicago

Court of Appeals for the Seventh Circuit

Decided January 27, 1995No. 94-1476PublishedCited by 135 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Federal courts treat the filing of a complaint as satisfying the statute of limitations, even though the defendant may not learn about the suit until service of process after the period of limitations has expired. West v. Conrail, 481 U.S. 35, 107 S.Ct. 1538, 95 L.Ed.2d 32 (1987). That makes timely service vital, and Fed.R.Civ.P. 4(m) sets 120 days as the presumptive outer bound. (Until December 1,1993, this was Fed.R.Civ.P. 4(j); we use the current numbering system.) Thus if the plaintiff has two years from the injury to commence suit, the defendant may not receive…

2Cases cited19 opinions

  1. McNeil v. United StatesSupreme Court of the United States · 1993
  2. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  3. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974
  4. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  5. United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993

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

3Cited by135 opinions

  1. Maria Escobedo v. Apple American GroupCourt of Appeals for the Ninth Circuit · 2015
  2. Tara Luevano v. Walmart Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
  3. Bobby Ford v. Donald JohnsonCourt of Appeals for the Seventh Circuit · 2004
  4. Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  5. Hutchinson ex rel. Baker v. SpinkCourt of Appeals for the Seventh Circuit · 1997

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

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