Dead Party, Dead Appeal

By: Benjamin G. Shatz | Benjamin E. Strauss
– Daily Journal

In their most recent column for Daily Journal, Manatt Appellate Partner Benjamin Shatz and Associate Benjamin Strauss discussed what happens when you combine death and appeals, and the consequences an unexpected death may have on a pending appeal.  

Shatz and Strauss examined California and federal case law involving the sudden death of a party in the midst of an appeal. They explained that, for example, the Code of Civil Procedure allows pending litigation to proceed so long as the decedent’s representative files a request to substitute into the case. Federal court has similar rules, but the authors cautioned that either court may dismiss an appeal as moot if a substitution request is not filed within the appropriate time frame. 

Finally, they offered advice for most effectively navigating the complex rules governing these and similar circumstances. They concluded that “following these rules can ensure you don’t end up being the attorney who kills your dead client’s appeal.” 

Daily Journal subscribers can read the full article here.  

manatt-black

ATTORNEY ADVERTISING

pursuant to New York DR 2-101(f)

© 2022 Manatt, Phelps & Phillips, LLP.

All rights reserved