Judge to Lawyers in 'Sherrod v. Breitbart': No More Games

, The National Law Journal


More than a year after the death of conservative blogger and web publisher Andrew Breitbart, a Washington federal trial judge expressed frustration on Wednesday that Breitbart's role in a defamation lawsuit remained unsettled. The judge threatened to hold lawyers in contempt unless he gets answers.

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  • Calattorneyfornia

    Mr. Clare is doubtless more up to date than I, but some 35 years ago the Federal Rules of Civil Procedure allowed a definite number of days after "death is first suggested on the record" to substitute the personal representative of the decedent's estate. An estate cannot be a named party. When faced with this situation vis a vis a deceased Bank of America exec, I flushed the representative out of the brush by having a friend (who happened to work for a competing bank) petition to represent the estate. A federal judge could well scorn both sides in such a situation, but the rule is the rule (unless it has changed). Years later I learned that my workaround is the punchline to an old joke about the difference between a lawyer and a prostitute.

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