Background
Glen Pace sued multiple defendants in state court in Mississippi after a plane crash caused him injuries. The case was removed to federal court and dismissed for lack of personal jurisdiction. While that appeal was pending, Pace filed a second suit in state court involving the same issues and additional defendants. That suit was also removed and dismissed for lack of personal jurisdiction. After the Fifth Circuit affirmed the dismissal of the first suit, Pace filed a third suit in the Eastern District of Texas. The district court dismissed this third suit as barred by the statute of limitations, ruling that the Texas Savings Statute did not apply to the second suit.
The court’s reasoning
The court held that the Texas Savings Statute applies to more than one case dismissed for lack of personal jurisdiction. Citing the Texas Supreme Court decision in Sanders v. Boeing Company, the court found that the statute applies whenever a previous court dismisses an action for lack of jurisdiction. The court concluded that the district court erred by not applying the tolling provision to the time the second suit was pending. The court declined to address whether the plaintiff acted with intentional disregard for proper jurisdiction because the district court made no findings of fact on that issue.
What it means going forward
The decision clarifies that the Texas Savings Statute can toll the statute of limitations across multiple filings dismissed for lack of personal jurisdiction, allowing plaintiffs to refile suits in the correct jurisdiction without losing their claims.