Ese Aror O'Diah v. Volkswagon of Ameri, 91 F. App'x 159 (1st Cir. 2004). · Go Syfert
Ese Aror O'Diah v. Volkswagon of Ameri, 91 F. App'x 159 (1st Cir. 2004). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Cited for
At page 160 Interpreting statute barring non-lawyer representation15 citing casesholding that section 1654 bars “a non-lawyer from representing anyone but himself4 citing courts put it this way · passage not found verbatim in the opinion (88%) · 14 listed here
  • Freeman, No. 1:25-cv-11027 (D. Mass. June 12, 2026).
    (We have interpreted [ 28 U.S.C. § 1654 ] as barring a non-lawyer from representing anyone but himself.)
  • Gladu v. Maine Dep't of Corr., No. 1:20-cv-00449 (D. Me. May 5, 2021).
    ([E]ven assuming that [a party] is incompetent and needed a representative, such as his father, to sue on his behalf, see Fed. R. Civ. P. 17(c), his father would still need to be represented by an attorney.)
  • Bolton, No. 1:25-cv-13537 (D. Mass. May 15, 2026). 2 cites
    This statute “bar[s] a non-lawyer from representing anyone but himself.” O'Diah v. Volkswagen of Am., Inc., 91 Fed. App’x 159, 160 (1st Cir. 2004).
  • The Est. of Mrs Eva R Buenaventura v. Exec. Off. of the President, No. 2:23-cv-00325 (D. Me. Jan. 5, 2024).
    The upshot is that Reshard is inapt and, in any event, does not alter the prevailing rule in the First Circuit that section 1654 “bar[s] a non-lawyer from representing anyone but himself.” O’Diah v. Volkswagen of Am., Inc., 91 Fed.
  • Stevens v. Soc. Sec. Admin. Comm'r, No. 2:22-cv-00221 (D. Me. May 17, 2023).
    Me. 2008), and by [persuasive] precedents from the First Circuit Court of Appeals, e.g., O’Diah v. Volkswagen of Am., Inc., 91 Fed. App’x 159, 160, 2004 WL 67331 , at *1 (1st Cir. 2004) [unpublished per curiam opinion].
  • Lazore v. Harrigan, No. 1:21-cv-00239, 2021 WL 4761985 (D. Me. Oct. 11, 2021).
    (holding that section 1654 bars “a non-lawyer from representing anyone but” herself)
  • Lazore v. Harrigan, No. 1:21-cv-00239 (D. Me. Sept. 3, 2021). 2 cites
    (holding that section 1654 bars “a non-lawyer from representing anyone but” herself)
  • Gardner v. Sheriff, No. 2:21-cv-00151 (D. Me. June 11, 2021).
    (holding that section 1654 bars “a non-lawyer from representing anyone but himself)
  • Jurkenas v. City of Brewer, No. 1:20-cv-00183 (D. Me. Dec. 29, 2020). 3 cites
    Although the law permits a party to “conduct their own cases personally,” id., the First Circuit has “interpreted [section 1654] as barring a non-lawyer from representing anyone but himself,” O'Diah v. Volkswagen of Am., Inc., 91 Fed. App’…
  • Smith v. Sheriff's Barnstable, No. 1:20-cv-10128 (D. Mass. Jan. 29, 2020).
    Section 1654 “bar[s] a non-lawyer from representing anyone but himself.” O'Diah v. Volkswagen of Amer., Inc., No. 03-1043, 91 Fed.Appx. 159, 160 (1st Cir. 2004) (per curiam).
Show 4 more citing cases
  • Katz v. McVeigh, 931 F. Supp. 2d 311 (D.N.H. 2013).published 2 cites
    (observing that a father would need to be represented by counsel to assert claims on behalf of his incompetent s o n)
  • Blidgen, No. 1:25-cv-12302 (D. Mass. Oct. 16, 2025).
    See O’Diah v. Volkswagen of Amer., Inc., 91 Fed. App’x 159, 160 (1st Cir. 2004) (per curiam) (“We have interpreted [ 28 U.S.C. § 1654 ] as barring a non-lawyer from representing anyone but himself.”).
  • S.B. v. Bureau of Special Educ. Appeals, No. 1:22-cv-10056 (D. Mass. Mar. 28, 2024). 2 cites
    See O’Diah v. Volkswagen of Amer., Inc., 91 Fed. App’x 159, 160 (1st Cir. 2004) (per curiam).
  • Every v. United States, No. 24-1245 (Fed. Cl. Dec. 9, 2024).unpublished
    (holding pro se litigants may only represent themselves)
Retrieving the full opinion text from the archive…
Ese Aror O’DIAH, Plaintiff, Appellant,
v.
VOLKSWAGEN OF AMERICA, INC., Et Al. Defendants, Appellees
03-1043.
Court of Appeals for the First Circuit.
Jan 14, 2004.
Unpublished opinion
91 F. App'x 159
Ese A. O’Diah, on brief pro se., Jeffrey S. Stern, Sugarman, Rogers, Barshak & Cohen, on brief for appellee Volkswagen of America, Inc., James P. McKenna, Fuller, Rosenberg, Palmer & Beliveau on brief for appellees Elaine Lucas and The Commerce Insurance Company.
Boudin, Torruella, Howard.
Cited by 8 opinions  |  Published
PER CURIAM.

Pro se plaintiff-appellant Ese Aror O’Diah (“Ese”) and also purportedly his[*160] father Aror Ark O’Diah (“Aror”) appeal from the district court’s dismissal of Ese’s complaint on statute of limitations grounds. [1] We review the dismissal of a complaint de novo, treating all well-pleaded factual allegations as true and drawing all reasonable inferences in the plaintiffs favor. Soto-Negron v. Taber Partners I, 339 F.3d 35, 38 (1st Cir.2003). Where, as here, the dismissal is predicated on a statute of limitations, we will affirm only if “the pleader’s allegations leave no doubt that an asserted claim is time-barred.” LaChapelle v. Berkshire Life Ins. Co., 142 F.3d 507, 509 (1st Cir.1998). After carefully reviewing the parties’ briefs and the record, we affirm, the dismissal of the present complaint. We briefly address Ese’s arguments.

Ese contends that the district court clerk failed to mail a copy of the court’s November 21, 2002 ruling to him. Because Ese did not make this complaint below, it is waived. United States v. Bongiorno, 106 F.3d 1027, 1034 (1st Cir.1997) (noting that arguments not raised in lower court cannot be advanced on appeal). This claim has no merit in any event. Ese did receive notice of the court’s November 21, 2002 ruling. Moreover, the record makes clear that Ese received the notice in a timely fashion.

Ese next argues that the district court should have allowed his father Aror to represent him in this case. This claim also has no merit. See 28 U.S.C. § 1654 (providing, in pertinent part, that “[i]n all courts of the United States the parties may plead and conduct their own cases personally or by counsel ”) (emphasis added). We have interpreted this statute as barring a non-lawyer from representing anyone but himself. Herrera-Venegas v. Sanchez-Rivera, 681 F.2d 41, 42 (1st Cir.1982). Ese’s father conceded at the hearing below that he is not an attorney. Although Ese asserts that he is incompetent, and, therefore, needs his father’s representation, Ese has not established that he is incapacitated in any way. In addition, even assuming that Ese is incompetent and needed a representative, such as his father, to sue on his behalf, see Fed.R.Civ.P. 17(c), his father would still need to be represented by an attorney. See, e.g., Cheung v. Youth Orchestra Found. of Buffalo, Inc., 906 F.2d 59, 61-62 (2d Cir.1990) (holding that non-attorney parent must be represented by counsel when bringing an action on behalf of his child).

Ese also argues that the district court should have applied New York law, rather than Massachusetts law, with respect to the statute of limitations governing some of his claims. Ese did not present this choice-of-law issue to the district court. Accordingly, it is waived. Arrieta-Gimenez v. Arrieta-Negron, 859 F.2d 1033, 1037 (1st Cir.1988). Ese’s claim has no merit in any event. First, as Ese acknowledges, both Massachusetts and New York provide for a three-year limitations period. See Mass. Gen. Laws ch. 260, § 2A; N.Y. C.P.L.R. § 214(5). Therefore, there is no conflict of law that would have necessitated choosing between the two. Lambert v. Kysar, 983 F.2d 1110, 1114 (1st Cir.1993). In addition, the district court properly applied Massachusetts law. See Cosme v. Whitin Mach. Works, Inc., 417 Mass. 643, 645, 632 N.E.2d 832, 834 (1994) (noting that Massachusetts considers statutes of limitations as procedural, and, as the forum state, applies its own law).

Ese further argues that, even if Massachusetts law applies, the district court erred in dismissing his claims as[*161] time-barred. This claim also has no merit. As noted above, Ese does not dispute that the applicable limitations period is three years. His complaint was filed more than three years after his cause of action accrued. The district court properly rejected Ese’s two attempts to render his claims timely. First, this lawsuit did not “relate back” to a series of lawsuits filed by Ese’s father in New York federal district court. Fed.R.Civ.P. 15(c), which allows an amendment of a pleading to relate back to the date of the original pleading under certain circumstances, does not apply to a ease filed in a different jurisdiction by a different plaintiff. Second, Ese has not shown that he is incompetent and was unable to bring his claims in a timely fashion. Accordingly, the district court properly dismissed his claims as time-barred.

Ese’s assertions that the district court judge was biased are unsubstantiated and do not merit further discussion.

The judgment of the district court is affirmed. See 1st Cir. R. 27(c).

1

. Aror was not a party below. Accordingly, to the extent Aror is attempting to assert claims on his own behalf, those claims are not properly before us.