"Misnamed Corporate Entities and Iowa's "Relation Back" Rule"
Whitfield & Eddy Law attorney Kevin Reynolds authored the article "Misnamed Corporate Entities and Iowa's "Relation Back" Rule: A Potential Sword for Defendants" in the Fall 2016 edition of the Defense Update, the newsletter of the Iowa Defense Counsel Association.
Given Iowa's rule on relation back for misnamed or misidentified defendants, defense counsel must be sensitive to situations where a suit has been filed on the eve of the expiration of the statute of limitations and the wrong party has been sued or the wrong name for the corporate party defendant has been used. In some situations, well-illustrated by the unpublished Iowa Court of Appeals decision in Richardson v. Walgreens, No. 4-036/03-0817, filed February 27, 2004, and the prior U.S. Supreme Court Decision in Schiavone v. Fortune, 106 S.Ct. 2379 (1986), a case-dispositive motion may be in order.