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· 11/10/2008

Atkins Ex Rel. Atkins v. City of Chicago

Citations

  • 547 F.3d 869
  • 71 Fed. R. Serv. 3d 1621
  • 2008 U.S. App. LEXIS 23706
  • 2008 WL 4831756

How courts have described this case

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

  • holding that motion to substitute filed without serving the personal 7 representative of the deceased’s estate was “a nullity”
  • noting that “the decedent's successors (if his estate has been distributed) or personal representative (it has not been)” should be considered
  • explaining that “service on whoever is identified as the decedent’s representative or successor … protects the nonparty from finding himself (in this case herself) in a situation in which a lawyer for someone else (the decedent
  • commenting that the 11 suggestion that decedent’s attorney must notify opposing counsel to file the 12 suggestion of the death “strikes us as fussy,” where counsel for the decedent is 13 permitted to file a motion for an extension of time
  • “[N]othing will suffice to start the 90-day clock running except service on whoever is identified as the decedent’s representative or successor.”
  • “[N]othing will suffice to start the 90-day clock running except service on whoever is identified as the decedent’s representative or successor.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Evans

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.