Denis Rende v. Alfred S. Kay

How courts have described this case

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

• explaining that a deceased’s party’s attorney prior to death “is not a 6 ‘representative of the deceased party’ in the sense contemplated by Rule 25(a)(1)”
• explaining that a deceased party’s attorney prior to death “is not a ‘representative of 5 the deceased party’ in the sense contemplated by Rule 25(a)(1)”
• stating that “[t]he addition of ‘successor’ in the Rule would take care of the case of, say, the distributee of an estate that had been distributed”
• explaining that it would “open the door to a tactical maneuver to place upon the plaintiff the burden of locating the representative of the estate within 90 days”
• holding a suggestion of death filed by the attorney of the deceased client that did not name his widow, who was the executrix of his will, was not sufficient to trigger the ninety-day period for filing a motion to substitute under Rule 25(a)(1)
• defining “successors” as “the distributees of the decedent's estate if his estate ha[s] been closed”

Source: CourtListener parenthetical corpus (CC0).