Supreme Court Collection: Opinions by Justice Souter

Supreme Court Collection: Opinions by Justice Souter

Second Circuit: Unrepresented non-attorney may not sue on behalf of another

The Second Circuit ruled today that under federal law an unrepresented non-attorney may not sue on behalf of another person as guardian ad litem. But the Court vacated a district court ruling dismissing sua sponte the claim brought by the purported guardian on behalf of the other person because the other person was not properly represented. That is, a district court may not rule on the merits of a claim brought on behalf of someone by a non-attorney until an opportunity has been provided to the plaintiff to retain an attorney to represent the party on whose behalf the action was brought.

The case is Berrios v. NYC Housing Authority, No. 08-4832-cv (2d Cir. Apr. 23, 2009)

federal District Court for VT remands removed diversity case

A defendant may remove a case from state court based on diversity of citizenship only if the complaint, notice of removal, or other evidence in the record provides “concrete information” that “the potential value of Plaintiff's claims” exceeds the amount in controversy required by 28 U.S.C. § 1332. Palmermo v. Fidelity & Guar. Ins. Co., 2009 WL 88340 (D.Vt. Jan. 12, 2009). This was a bad faith claim against a workers’ compensation insurer. Since the insurer failed to provide the required evidence re: amount in controversy, the court remanded the case to the state court in which plaintiff filed it.