Legal Opinion
Powell v. Symons
Court of Appeals for the Third Circuit
Decided March 30, 2012No. 10-2157, 10-3069PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
Rule 17(c)(2) of the Federal Rules of Civil Procedure provides that:
A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem^ — or issue another appropriate order — to protect a minor or incompetent person who is unrepresented in an action.
(emphasis supplied).
The Advisory Committee Notes do not elaborate on the requirement of the emphasized language above and there is but a paucity of reported decisions interpreting the provision.…
2Cases cited13 opinions
- Tabron v. GraceCourt of Appeals for the Third Circuit · 1993
- Jeffery Montgomery v. Steven Pinchak Al Ortiz Terry Moore C. Naficy, Mr. C.M.S. Correctional Medical ServiceCourt of Appeals for the Third Circuit · 2002
- Berrios v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 2009
- Sulima v. Tobyhanna Army DepotCourt of Appeals for the Third Circuit · 2010
- Leyva v. WilliamsCourt of Appeals for the Third Circuit · 2007
8 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Kennard Davis v. James WalkerCourt of Appeals for the Ninth Circuit · 2014
- Owens v. ArmstrongDistrict Court, D. New Jersey · 2016
- Kevin Witasick, Sr. v. Minnesota Mutual Life InsurancCourt of Appeals for the Third Circuit · 2015
- Brown v. Hahnemann University HospitalDistrict Court, E.D. Pennsylvania · 2014
- Victor Mondelli v. Berkeley Heights Nursing and RCourt of Appeals for the Third Circuit · 2021
122 more not listed; retrieve them via the Exa API.