Is an administrator, trustee or executor of an estate a real party in interest when they have control over the action?

MultiRegion, United States of America

The following excerpt is from Dep't of Fair Employment v. Lucent Technologies Inc., 24 A.D. Cases 915, 642 F.3d 728, 79 Fed.R.Serv.3d 467 (9th Cir. 2011):

Id. Because control over the action is significant, we noted that an administrator, a trustee, or an executor is a real party in interest when he is bringing or defending a suit for the estate which he represents because [s]uch a party brings or defends the suitemploys counseland is directly responsible for going on with the litigation. Id. (citing Chappedelaine v. Dechenaux, 8 U.S. (4 Cranch) 306, 2 L.Ed. 629 (1808)). Because the parents of the decedent in Atchison had neither an interest in the controversy nor any control over it, we held that they were nominal parties, and their citizenship did not count for determining diversity. Id.

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