# Larkins v. S.D.P. Manufacturing: Due Diligence in Process Service

Page: https://stenobird.com/podcast/swear-on-the-stand-7111404/larkins-v-s-d-p-manufacturing-due-diligence-in-process-service
Text version: https://stenobird.com/podcast/swear-on-the-stand-7111404/larkins-v-s-d-p-manufacturing-due-diligence-in-process-service.md
Podcast: [Swear on the Stand](https://stenobird.com/podcast/swear-on-the-stand-7111404)
Published: 2026-07-08T12:00:00+00:00
Episode link: https://podcasters.spotify.com/pod/show/danielswear/episodes/Larkins-v--S-D-P--Manufacturing-Due-Diligence-in-Process-Service-e3l1cvs
Audio file: https://anchor.fm/s/fddb5314/podcast/play/121729468/https%3A%2F%2Fd3ctxlq1ktw2nl.cloudfront.net%2Fstaging%2F2026-5-19%2F7f2b1a59-9a8d-5c05-8589-145a96113f58.m4a
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Duration seconds: 2504

## Resource

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.

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## Transcript

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