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 dismissal for lack of subject matter jurisdiction of a
superior court complaint challenging PUC denial of request to submit
interrogatories to commissioners concerning their deliberations, holding 3
V.S.A. § 809b allows review when an agency compels discovery – not when the
agency denies discovery.
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*Administrative Appeals. Discovery. Jurisdiction*
1. Otter Creek Solar LLC v. Vermont Public Utility Commission, 2026 VT
15 [May 8, 2026]
1 week ago
