28 U.S.C. § 2404
Death of defendant in damage action
A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against surviving defendants.
Notes of Decisions
Cited in 26
cases (4 in the last 5 years), 1949–2023 · leading case: Figueroa Ex Rel. Estate of Figueroa v. Secretary of Health & Human Services
Figueroa Ex Rel. Estate of Figueroa v. Secretary of Health & Human Services (2013)
“§ 59 (expressly providing for survival of an action); 28 U.S.C. § 2404 (authorizing survival of an action upon death of a defendant if the action was “commenced by or on behalf of the United States”); 42 U.”
Zatuchni v. Secretary of Health and Human Services (2008)
“" 28 U.S.C. § 2404 (emphases added). Similarly, the Federal Employers' Liability Act, in providing for survivorship, states: Any right of action given by this chapter to a person suffering injury shall survive to his or her personal representative, for the benefit of the…”
United States v. Estate of Schoenfeld (2018)
“In the Amended Complaint, the Government named the Estate of Steven Schoenfeld (the "Estate") as a defendant pursuant to 28 U.S.C. § 2404 (" Section 2404"), and Robert Schoenfeld as a defendant based on his status as distributee of the Estate.”
Securities & Exchange Commission v. Wyly (2012)
“1961) (denying government's substitution motion, under 28 U.S.C. § 2404 , in suit brought against deceased defendant for price-ceiling violations under the Defense Production Act because it was an action for a penalty rather than damages).”
Asklar v. Honeywell, Inc. (1982)
“Kennedy, Moore’s Federal Practice ¶ 25.04. . Congress has occasionally spoken to the issue of survival in creating a federal right of action.”
United States v. Miscellaneous Jewelry (1987)
“Lastly, the claimant relies on 28 U.S.C. § 2404 , which provides as follows: A civil action for damages commenced by or on behalf of the United States or in which it is interested shall not abate on the death of a defendant but shall survive and be enforceable against his estate…”
United States v. John Hancock Mutual Life Insurance (1960)
“Other such rules, applicable in both federal and state courts, can be found in 28 U. S. C. §§ 2404 , 2405, 2407, 2408, 2413.”
United States v. Grannis (1949)
“In mitigation of this rule the federal statutes provide, 28 U.S.C.A. § 2404 , that a civil action for damages commenced by or on behalf of the United States shall not abate on the death of a defendant but shall survive and be enforceable against his estate as well as against'…”
Hawkins v. Eads (In Re Eads) (1991)
“28 U.S.C. § 2404 . 13 . The chapter 7 trustee seeks the identical relief with respect to the joint debtor, Bill Eads, and (except for denial of discharge) from the other participants in the allegedly collusive and unauthorized sale.”
United States v. Edwards (1987)
“In the case of a cause of action involving civil penalties, however, that holding must be considered in light of 28 U.S.C. § 2404 , providing that “civil actions for damages commenced by .”
Bramer v. United States (1976)
“— jury being impermissible under the Federal Tort Claim Act, 28 U.S.C. § 2404 — upon these issues, which are essentially one issue, namely that of liability.”
Federal Savings & Loan Insurance v. Fielding (1970)
“In addition, the executrix contends that Nevada law does not provide for survival of this action, that the right to punitive damages cannot survive since they are penal in nature, and that 28 U.S.C. § 2404 does not provide for survival of the causes of action alleged against the…”
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