Legal Opinion

Unicorn Tales, Inc. v. Banerjee

Court of Appeals for the Second Circuit

Decided March 2, 1998No. Docket No. 96-9629PublishedCited by 42 opinions

1Opinion of the Court

WALLACE, Circuit Judge:

In this case, we consider who may trigger Federal Rule of Civil Procedure 25(a)(l)’s 90-day countdown by filing a statement of *469death of a litigant, and whether that statement must identify the legal representative or successor.

I

We rely on the allegations of the pleadings for the necessary facts in this appeal. Unicorn Tales, Inc. (Unicorn) and Chippendales Universal, Inc. (Universal), New York businesses engaged in the operation of exotic male dance shows, licensed the name “Chip-pendales” from Easebe Enterprises, Inc. (Easebe), a California business whose sole…

2Cases cited5 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Brian Barlow v. George Ground, Officer 9129 L.O. Oberlies, Officer 1706 A. Tucker, Officer 9363 Ray Shay, Officer 3269Court of Appeals for the Ninth Circuit · 1994
  3. Denis Rende v. Alfred S. KayCourt of Appeals for the D.C. Circuit · 1969
  4. United States v. Louis Margiotti, Jr.Court of Appeals for the Second Circuit · 1996
  5. Al-Jundi v. Estate of RockefellerDistrict Court, W.D. New York · 1990

3Cited by42 opinions

  1. Reiter v. MTA New York City Transit AuthorityCourt of Appeals for the Second Circuit · 2006
  2. Atkins Ex Rel. Atkins v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2008
  3. Unicorn Tales, Inc. v. BanerjeeCourt of Appeals for the Second Circuit · 1998
  4. Vester Russell v. City of Milwaukee, City of Milwaukee Employees' Retirement System Annuity & Pension Board, Gary J. BrazgelCourt of Appeals for the Seventh Circuit · 2003
  5. George v. United StatesDistrict Court, D. Connecticut · 2001

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