Also known as: relation back provision · relation-back provisions · relation back provisions · relation back · relation-back doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A procedural principle under which an amendment to a pleading receives the filing date of the original pleading. The principle applies when the law supplying the applicable statute of limitations permits relation back.
A procedural principle under which an amendment to a pleading receives the filing date of the original pleading. The principle applies when the law supplying the applicable statute of limitations permits relation back.
Select any source to read its text and confirm it supports the definition.
A statutory mechanism that treats a reinstated limited liability company as having continued in existence without interruption from the date of its administrative dissolution.
Select any source to read its text and confirm it supports the definition.
A statutory mechanism that treats a reinstated limited liability company as having continued in existence without interruption from the date of its administrative dissolution.
Each sense below has its own examples, sources, and questions.
Rina Rahman filed a timely federal complaint against Riverstone Manufacturing alleging negligence in product design. After the state limitations period expired she moved to add a breach of warranty claim arising from the identical manufacturing defect described in the original pleading. Because state law treats the two theories as interchangeable when they rest on the same facts the amendment relates back under the governing statute of limitations.
Relation back occurs when the law supplying the statute of limitations permits it. State decisional law controls the inquiry. Courts permit relation back when the new theory rests on the identical operative facts as the original claim and does not expand the scope of the litigation.
Supporting sources
Yes when the entities maintain separate payroll records tax filings and corporate documents. Prior direct dealings with the subsidiary using its distinct letterhead also demonstrate that the plaintiff understood the entities were distinct. State law therefore refuses to treat them as a single employer for limitations purposes.
Supporting sources
Radiant Technologies was administratively dissolved for failing to file its annual report. While dissolved it executed a mortgage that later went into default. After reinstatement the company argued the mortgage was valid because the relation-back provision restored its existence retroactively. The court rejected the argument and enforced the default provision because the relation-back statute did not override the contractual requirement of continuous good standing.
The provision restores existence without interruption but does not override contractual obligations that required continuous good standing. A mortgage default triggered by administrative dissolution therefore remains enforceable even after reinstatement.
Supporting sources