News & Events

Fifth Circuit Affirms Dismissal of Personal Injury Suit Against Automobile Manufacturer

In a recent personal injury suit, Butler Snow successfully represented a major U.S. automobile manufacturer on appeal before the United States Court of Appeals for the Fifth Circuit. The district court granted the defendant manufacturer’s motion to dismiss on grounds that the plaintiff failed to comply with Rules 8(a) and 10(a) of the Federal Rules of Civil Procedure and that her cause of action had prescribed (statute of limitations had run) under Louisiana law. The plaintiff moved for reconsideration under Rule 60(b)(6) of the Federal Rules of Civil Procedure, arguing that relief from dismissal of her claims was warranted because she was under heavy medication as a result of the car accident on which her claims were based, thus excusing her failure to comply with the procedural rules. The district court denied her motion. On behalf of the defendant manufacturer, Butler Snow attorney Paul V. Cassisa, Jr. successfully argued on appeal that there were no “extraordinary circumstances” warranting relief from the district court’s decision, resulting in a victory for our client.