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)
SCOVT affirms summary judgment in favor of defendant who pledged investment
account as security, holding plaintiff did not have a valid security
interest in account that was never subject to the control of the plaintiff
as required by terms of the security agreement .
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*Berkshire Bank v. Kelly,* 2023 VT 2
WAPLES, J. Plaintiff Berkshire Bank filed this action seeking possession of
funds in an investment account owned...
9 months ago
