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0 tracked cards Civil Procedure

A plaintiff timely sued "Harbor Cruises Inc." after being injured on a ship. The proper owner was "Harbor Cruises LLC," which used the same claims office and received the complaint within the Rule 4(m) service period. Internal emails show the LLC knew the plaintiff meant to sue the ship owner but used the wrong entity name. After limitations expired, the plaintiff moved to substitute the LLC.
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An amendment changing the party or naming a new party may relate back if the claim arises from the same conduct, transaction, or occurrence and, within the Rule 4(m) period, the new party received notice and knew or should have known the action would have been brought against it but for a mistake concerning identity. An amendment changing the defendant always relates back if the plaintiff sued before the limitations period expired. Relation back automatically applies to every claim added under Rule 15(a). Relation back depends only on whether the amendment would be convenient for discovery.

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