Legal Opinion
Cruz v. State of Louisiana
Court of Appeals for the Fifth Circuit
Decided May 15, 2008No. 07-30501PublishedCited by 15 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Jeannine Cruz filed a sex discrimination complaint with state and federal claims against Defendants in federal district court in Louisiana. She failed to serve defendants timely, and the court dismissed the case under Rule JCm). 1 Before the court dismissed her first case, she filed a second, identical complaint in state court in April 2006. On its removal to federal court, the court dismissed the second complaint, holding that the prescriptive period had run because a dismissal for failure to timely serve in federal court prevents interruption of…
2Cases cited12 opinions
- Burlington Northern & Santa Fe Railway Co. v. WhiteSupreme Court of the United States · 2006
- Hanna v. PlumerSupreme Court of the United States · 1965
- Harris v. HegmannCourt of Appeals for the Fifth Circuit · 1999
- William Hamilton Gartrell v. R.S. GaylorCourt of Appeals for the Fifth Circuit · 1993
- Karen WEBB, Plaintiff-Appellant, v. CARDIOTHORACIC SURGERY ASSOCIATES OF NORTH TEXAS, P.A.; Michael MacK, M.D., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nken v. HolderSupreme Court of the United States · 2009
- United States ex rel. King v. Solvay S.A.District Court, S.D. Texas · 2011
- Culley v. West Bolivar Consolidated School DistrictDistrict Court, N.D. Mississippi · 2023
- Damien Ford v. John DoeCourt of Appeals for the Fifth Circuit · 2018
- Dunn v. State of Louisiana Through the Department of Public Safety & CorrectionsDistrict Court, M.D. Louisiana · 2023
10 more not listed; retrieve them via the Exa API.