United States v. Miller Brothers Construction Company, Rapidways, Inc.

How courts have described this case

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

• stating that under Rule 25, a “discretionary extension should be liberally granted absent a showing of bad faith on the part of the movant for substitution or undue prejudice to other parties to the action”
• the plaintiff's knowledge of the defendant's death was insufficient to start the running of the 90-day time period for substitution; a formal suggestion of death was required
• “Since a substituted party steps into the same position as the original party there is a continuance of the original action and a separate proceeding against the substituted party is not necessary.”
• “Since a substituted party steps into the same position as the original party there is a continuance of the original action and a separate proceeding against the substituted party is not necessary.”
• “Since a substituted party steps into the same position as the original party there is a continuance of the original action and a separate proceeding against the substituted party is not necessary.”

Source: CourtListener parenthetical corpus (CC0).