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Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure (FRAP) gives a party 30 days to appeal in a civil case, but the rule gives “any party” 60 days to appeal when the United States is a party to the action. The City of New York later filed a motion to dismiss the appeal as untimely.
When a trustee is a party to a lawsuit, the real party in interest is the beneficiary of the trust. In the United States, Rule 17 of the Federal Rules of Civil Procedure expressly provides that trustees are the real party in interest when it is necessary to sue on behalf of the estate. A beneficiary may sue under these circumstances only when ...
Dynamex Operations W. v. Superior Court and Charles Lee, Real Party in Interest, 4 Cal.5th 903 (Cal. 2018) was a landmark case handed down by the California Supreme Court on April 30, 2018. A class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of ...
A Civil Action is a 1998 American legal drama film directed and written by Steven Zaillian and starring John Travolta with Robert Duvall, James Gandolfini, Dan Hedaya, John Lithgow, William H. Macy, Kathleen Quinlan, and Tony Shalhoub.
Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the party of the first part; and the party against whom the case was brought as the defendant, or, in older American cases, the party of the second part.
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While the Texas Rules of Civil Procedure require no judicial permission and impose no intervention deadline, common law dictates that a party may not intervene post-judgment unless the trial court first sets aside the judgment. [8] For the same reason, an intervenor must enter the lawsuit before final judgment to have standing to bring an appeal.
Mexicali Rose v. Superior Court, 1 Cal. 4th 617 (1992), was a Supreme Court of California case in which the court’s decision held that restaurants, grocery stores, and other food service establishments in California can be held liable for injuries sustained by patrons from foreign objects—including natural food parts—that are left in food.