Human Rights Commission v. Homer Durkee

Summary

The Court affirmed dismissal of the Human Rights Commission’s discrimination action after the defendant died, holding that the proposed substitutes were not shown to be proper parties under Rule 25. Although the VFHPAA claim survived the defendant’s death because it is remedial legislation, the record did not establish that the proposed parties were executors, administrators, heirs, devisees, or legatees of the defendant’s estate, and Rule 25(c) did not apply because no transfer of the defendant’s interest occurred during the litigation.