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

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.