Latest Case: Sholem v. Honorable David Gass (Civil Procedure)

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JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court applying Massachusetts law that demonstrates the power of tough state antidiscrimination laws. Grossman describes the facts of the case and the differences between Massachusetts and federal law and explains why robust state laws have the power to hold institutions liable when they delegate authority to those who abuse it.

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Sholem v. Honorable David Gass

Docket: CV-19-0149-PR

Opinion Date: March 30, 2020

Judge: Gould

Areas of Law: Civil Procedure, Medical Malpractice

In this case involving the construction of Ariz. R. Civ. P. 4(i), the Supreme Court held that, under Rule 4(i), if a plaintiff shows good cause for failing to serve a defendant within ninety days, a court is required to extend the time for service, but also under the rule, a court in its discretion may extend the period for service without a plaintiff showing good cause. Melissa Langevin filed a complaint against Dr. Steven Sholem. More than ten months after the ninety-day deadline had expired, Langevin filed a motion pursuant to Rule 4(i) seeking to extend the time for service. The trial court determined there was good cause to grant the motion and extended the deadline. After Langevin served Sholem he moved to dismiss, arguing that the complaint did not show good cause for extending the deadline. The trial court denied the motion to dismiss. The Supreme Court affirmed, holding that there was no good cause for an extension under rule 4(i), but there were discretionary grounds in the record to deny Sholem's motion to dismiss.