Service by Waiver Letter — Statute of Limitations

If a plaintiff mails a request for waiver of service pursuant to Fed.R.Civ.P. 4(m) before the statute of limitations expires, but the defendant executes the waiver after expiration, is the suit time barred? In other words, does the execution relate back to the time of plaintiff's mailing or otherwise revive the claims? In what it perceived to be a case of first impression, the Western District of Washington held that the answer is No. Held, the statute has run. ...

Summary Judgment Practice — New York State Court

Timing is everything. The plaintiff in Morgan, Lewis & Bockius LLP v. IBuyDigital.com, Inc., 2007 NY Slip Op 50149U; 2007 N.Y. Misc. LEXIS 191 (Sup. Ct. N.Y. Co. Jan. 11, 2007), moved for summary judgment on an account stated claim for unpaid legal bills but its moving papers did not contain detailed enough affidavits as to its regular practice of mailing out bills (or, better, the mailing of the particular bills at issue) to demonstrate that the bills had been ...

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