Lloyd Henderson v. United States (517 U.S. 654)
U.S. Supreme Court · decided May 20, 1996 · Supreme Court Database (Spaeth)
- Citation
- 517 U.S. 654 · 116 S. Ct. 1638
- Decided
- May 20, 1996
- Term
- October Term 1995
- Vote
- 6–3
- Majority author
- Justice Ginsburg
- Issue area
- Judicial Power
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Ginsburg delivered the opinion of the Court. This case concerns the period allowed for service of process in a civil action commenced by a seaman injured aboard a vessel owned by the United States. Recovery in such cases is governed by the Suits in Admiralty Act, 46 U. S. C. App. §741 et seq., which broadly waives the Government’s sovereign immunity. See §742 (money judgments); §743 (costs and interest). Rule 4 of the Federal Rules of Civil Procedure allows 120 days to effect service of the summons and timely filed complaint, a period extendable by the court. The Suits in Admiralty Act, however, instructs that service shall be made “forthwith.” § 742. The question presented is whether the Act’s “forthwith” instruction for service of process has been superseded by the Federal Rule. In the Rules Enabling Act, 28 U. S. C. §2071 et seq., Congress ordered that, in matters of “practice and procedure,” § 2072(a), the Federal Rules shall govern, and “[a]ll laws in conflict with such rules shall be of no further force or effect,” § 2072(b). We hold that, in actions arising under federal law, commenced in compliance with the governing statute of limitations, the manner and timing of serving process are generally nonjurisdictional matters of “procedure” controlled by the Federal Rules. I On August 27, 1991, petitioner Lloyd Henderson, a merchant mariner, was injured while…
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