Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late. Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment. 735 ILCS 5/2-401(b). With mistaken identity, the analysis is more intricate: the court applies Code …
Continue reading “Misnomer, Mistaken Identity and Rule 103(b) – Illinois Standards”
The misnomer and mistaken identity doctrines apply where a plaintiff sues a defendant too late. Misnomer occurs when the plaintiff has the wrong name of the right party (ex: I intend to sue Donald Trump but instead name “Ronald Trump” as Defendant). Mistaken identity is involved where the plaintiff has named the wrong party. (I …
Continue reading “Misnomer vs. Mistaken Identity – More Than Semantic Hairsplitting?”