United States Second Circuit

In this case, non-party Biolitec FZ moves pursuant to Federal Rule of Appellate Procedure 43(b) to be substituted for or joined with defendant Biolitec, Inc. as a party-appellant in appealing a partial final judgment entered by the district court. Defendant and Plaintiff oppose the motion and stipulate to withdraw the appeal without costs and without attorneys' fees pursuant to Rule 42(b). The motion is denied, the stipulation is approved, and the appeal is dismissed, where substitution is not warranted in this case because Biolitec FZ has not demonstrated that it "needs to be substituted" within the meaning of Rule 43(b).

Appellate Information

• Decided 01/09/2015
• Published 01/09/2015

Judges

Court

• United States Second Circuit

Counsel