Unicorn Tales, Inc. v. Banerjee
138 F.3d 467 (2d Cir. 1998) Cited 178 timesHolding that a statement of the fact of death triggered the 90-day period despite its failure to identify a legal representative or successor
Anderson v. Yungkau
329 U.S. 482 (1947) Cited 239 times 3 Legal AnalysesHolding that dismissal in this circumstance is "mandatory"
E.E.O.C. v. Timeless Investments, Inc.
734 F. Supp. 2d 1035 (E.D. Cal. 2010) Cited 70 timesHolding that liquidated damages claims under the ADEA were penal or punitive and do not survive a claimant's death
Grandbouche v. Lovell
913 F.2d 835 (10th Cir. 1990) Cited 120 timesHolding that even though the attorney for the decedent's estate was noticed, the successor or representatives of the deceased-party's estate were required to be noticed as well
International Cablevision, Inc. v. Sykes
172 F.R.D. 63 (W.D.N.Y. 1997) Cited 21 timesHolding that a statute was penal in nature, despite the fact that the first two factors suggested the statute was "remedial," where there was no effort "on the part of plaintiff to demonstrate the actual damages it suffered, the $10,000 minimum damages prescribed by the statute is disproportionate to the harm caused"
F.D.I.C. v. Cromwell Crossroads Associates, Ltd.
480 F. Supp. 2d 516 (D. Conn. 2007) Cited 6 timesFinding that the defendants were not entitled to a laches defense because "[t]hey agreed to the terms of the Stipulated Judgment . . . failed to make most of [the required] payments, and have offered no excuse for this failure," and as such "the court does not believe that the [defendants] come before the court with clean hands"
Mandarino v. Mandarino
257 F.R.D. 394 (S.D.N.Y. 2009) Cited 4 timesMichael Kimm, Esq., Englewood, NJ, for Plaintiff. Suzanne M. Halbardier, Joseph DiGregorio, Barry, McTiernan & Moore, New York, NY, for Defendants. OPINION AND ORDER GABRIEL W. GORENSTEIN, United States Magistrate Judge. Plaintiff James J. Mandarino has sued defendants James Mandarino (his son) and Alexandria Paolercio for damages arising out of an alleged violation of 18 U.S.C. § 1962, as well as for common law fraud, conversion, consumer fraud, and breach of fiduciary duty. Plaintiff died on May
Lightfoot v. District of Columbia
629 F. Supp. 2d 16 (D.D.C. 2009) Cited 3 timesCivil Action No. 01-1484 (CKK). June 26, 2009. Duncan Norman Stevens, Terence Joseph Lynam, Akin Gump Strauss Hauer Feld LLP, Jeffrey S. Gutman, The George Washington University Law School, Melvina C. Ford, Washington, DC, for Plaintiffs. Ellen A. Efros, Martha J. Mullen, Office of the Attorney General, Laura E. Jordan, Law Offices of Laura E. Jordan, P.C., Seth P. Kleiner, Timothy P. Kilgore, Eccleston Wolf, Washington, DC, Alfred Long Scanlan, Jr., Andrea Suzanne Marshall, Eccleston and Wolf, P
Iovino v. Waterson
274 F.2d 41 (2d Cir. 1959) Cited 43 timesIn lovino v. Waterson, 274 F.2d 41, 45 (2d Cir. 1959), the Second Circuit considered whether Fed.R.Civ.P. 25(a)(1) should permit a foreign administrator to substitute for a decedent despite state law prohibiting the substitution.
Roberts v. Rowe
89 F.R.D. 398 (S.D.W. Va. 1981) Cited 13 timesGranting motion for substitution when defendant showed no circumstances indicating it would be unfair to grant the motion after a measurable time lapse
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,778 times 24 Legal AnalysesHolding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 11,109 times 11 Legal AnalysesProviding for the automatic substitution at the district-court level of public officers sued in their official capacities