Some federal courts have followed the rule that amendments to correct misnomer or misdescription of a defendant will relate back where the proper defendant is in court. An amendment which substitutes or adds a new party, however, creates a new cause of action, and under such circumstances, there is normally no relation back to original filing for purposes of limitations.' Since the 1966 amendment of rule 15(c), however, a number of courts have permitted amendments substituting defendants after the statute of limitations has run.
Kruger, Gary I.
"Federal Rules of Civil Procedure; Statute of Limitations; State Policy; Relation Back; Marshall v. Mulrenin,"
Akron Law Review: Vol. 9
, Article 12.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol9/iss1/12