Tag Archives: Fed. R. Civ. P. 4(m)

Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint

In United States ex rel. Weiner v. Siemens AG, No. 22-2656_(2d Cir. Nov. 28, 2023), the panel vacates dismissal of a False Claims Act (FCA) for failure of service of process, holding that the time for service under Fed. R. Civ. P. 4(m) never triggered because the court never ordered service under 31 U.S.C. §Continue reading “Second Circuit Holds That Time for Service of Process for a False Claims Act Case Under Fed. R. Civ. P. 4(m) Is Triggered Exclusively by Court Order, Not by the Unsealing of the Complaint”

Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds

In Morrissey v. Mayorkas, No. 20-5024 (D.C. Cir. Nov. 9, 2021), the court consolidates two appeals presenting the same issue: whether plaintiffs who properly served the federal agencies where they worked in their age discrimination actions but failed to timely serve the U.S. Attorney for the District of Columbia and the U.S. Attorney General mustContinue reading “Failure to Effect Service on U.S. Attorney and Attorney General Under Fed. R. Civ. P. 4(i)(1)(A)–(B) Dooms Lawsuits Against Agencies, Split D.C. Circuit Holds”