Adler v. Elk Glenn, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “once a plaintiff dies, [s]he is no longer a party to the case, and any motions filed on h[er] behalf are tantamount to no motion at all.”
• noting that the 90-day timeframe “is measured from the time the suggestion of the death has been served upon the parties to the action and other interested persons, not from the time the deceased party died.”
• Nothing “prohibits a defendant from suggesting the plaintiff's death upon the record.”
• motion filed purportedly on behalf of deceased party is “tantamount to no motion at all”
• Although the suggestion of death was filed in June of 1997, “the 90-day period was triggered by service of the suggestion of death on September 24, 1997, and expired on December 24, 1997.”
• the plaintiffs counsel “at the time he made the motion to substitute, was neither a party, nor a successor or representative of the deceased party, nor did he act on behalf of anyone other than the deceased plaintiff’

Source: CourtListener parenthetical corpus (CC0).