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Chaplake Holdings, Ltd. v. Chrysler Corp.

Notwithstanding a plaintiff's dissolution under the law of its place of incorporation, it may be permitted to enter litigation through an amended pleading if it has been restored to corporate statute and otherwise satisfies the relation-back provisions of Rule 15(c).

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Submitted: December 14, 2000

Upon Certification of a Question of Law in the Superior Court of the State of Delaware. Question Answered.

As permitted by Supreme Court Rule 41, we have accepted certification of a question of law from the Superior Court concerning whether a plaintiff, incorporated in the United Kingdom, may pursue an amended complaint under the relation-back provision of Superior Court Rule 15(c), if its corporate status has been terminated through receivership. Specifically, the question posed is: Since [plaintiff's] cause of action in the third amended complaint would be barred under the law of the United Kingdom, can it, nevertheless be permitted under the relation-back doctrine of Superior Court Civil Rule 15(c).

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