Estate of Butler Ex Rel. Butler v. Maharishi University of Management

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that, “[u]under Rule 17, . . . ratification avoids a statute of limitations bar, because the action is treated as if brought in the name of the real party in interest . . . at the commencement of the action”
• allowing substitution where the decedent’s brother was named administrator after the filing of the lawsuit
• finding that, “[u]under Rule 17, . . . ratification avoids a statute of limitations bar, because the action is treated as if brought in the name of the real party in interest . . . at the commencement of the action on February 27, 2006”
• finding Rule 17 avoided the statute of limitations in a similar manner in a case where the real party in interest had not even yet been appointed administrator at the time of filing the original complaint
• “Rule 17 provides a method for preventing the forfeiture of legitimate actions that are mistakenly brought by a party other than the real party in interest.”

Source: CourtListener parenthetical corpus (CC0).