Episode
Larkins v. S.D.P. Manufacturing: Due Diligence in Process Service
- Podcast
- Swear on the Stand
- Published
- Jul 8, 2026
- Duration seconds
- 2504
- Processing state
not_requested
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Summary
This episode details a Fifth Circuit Court of Appeals decision regarding whether a lawsuit was filed and served within the required statute of limitations . The court reversed a lower court's dismissal of the case, ruling that the plaintiffs demonstrated sufficient diligence in effecting service despite a 50-day delay. The opinion clarifies that under Texas law , plaintiffs are held to a standard of ordinary prudence rather than perfection, especially when facing external disruptions like a courthouse fire. By providing a bona fide explanation for lapses in communication with their process server, the plaintiffs created a factual dispute that should be decided by a jury rather than a judge. Ultimately, the court emphasized that minimal delays do not automatically negate a claim if the legal team remains active in pursuing the defendants.