Smith Holtslag quoted in NLJ article on federal judge’s dismissal of medical malpractice claim
BOSTON (March 18, 2011) – Partner Tamara Smith Holtslag was recently quoted by the National Law Journal in an article reporting on a federal judge\'s dismissal of a medical malpractice claim against the firm’s client.
Smith Holtslag and Associate Joshua B. Walls persuaded U.S. District Court Judge Richard G. Stearns (D. Mass.) to reaffirm his dismissal of a wrongful death complaint against the firm’s client, a citizen and permanent resident of Ireland, who had returned to his homeland after working at a medical center in Massachusetts. The plaintiff failed to serve the complaint on the doctor despite numerous extensions of the deadline to complete service of process.
The Hague Service Convention governs service of process on foreign citizens. Under the Convention, each signatory state (such as Ireland) designates a central authority to accept requests for service of process within the country. Judge Stearns noted in his ruling that the plaintiff had provided no explanation or established “good cause” for the more than 15-month delay in completing service.
In the article, Smith Holtslag said Stearns\' ruling "reinforces the importance of time standards applicable to serving defendants. He makes it clear that a plaintiff or a plaintiff\'s attorney can\'t proceed with the assumption that they have unlimited extensions of time."
About Taylor Duane
Taylor Duane is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work for three consecutive years (2008-2010).
