"Misnamed Corporate Entities and the "Relation-Back" Rule"
Kevin M. Reynolds and Law Clerk Jackson O'Brien co-authored "Misnamed Corporate Entities and the "Relation-Back" Rule" in the November 2017 edition of For The Defense, the official magazine of the Defense Research Institute (DRI).
Given the rule in Iowa and many other states 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 In some situations, well-illustrated by the unpublished Iowa Court of Appeals decision in Richardson v. Walgreens, No. 4-036/03-0817, filed February 27, 2004, and the prior U.S. Supreme Court Decision in Schiavone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.