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)
Divided Court reverses, as abuse of discretion, dismissal of foreclosure
action under Rule 41 for failure to prosecute in the name of the real party
in interest, holding Rule 25 governs transfers of interest pending
litigation and that real-party- in-interest rule applies only at the time
the action commences.
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*Ditech Financial LLC v. Brisson, 2025 VT 54 [9/18/2025]*
CARROLL, J. In this foreclosure action, plaintiff Ditech Financial LLC
appeals the trial co...
1 week ago
