Trial Magazine

When preparing to sue an entity, an often complex question is: “What is the defendant’s proper legal name?” The answer is crucial to a successful outcome. A diligent presuit investigation will ensure that each defendant is properly named and identified.

Be aware of similar names. You may encounter multiple similar names for a defendant. For example, in a premises liability case against a beauty salon, the salon’s sign says “Nails Inc.” You commence the lawsuit, naming Nails Inc., as the defendant—but unbeknownst to you, Nails Inc., is a minimally insured entity created by its owners to limit liability and protect its businesses, which are incorporated under New Nails, Inc., and Nails, Ltd. Failing to name the proper entity can lead to myriad problems for your client, particularly if the entity with insurance is not named.

Perform a thorough search. Begin with a search of the company’s website, where you may find additional names or the proper entity name. Next, search the database that tracks corporations in your state. Select the broadest search parameters, and narrow the results from there. If possible, use a “partial” search tool, which will identify entities with even a partial match and search for inactive corporations as well. Next, search state licensing websites and local property records by address. Last, search court records to determine if the entity has been sued before and—if applicable—which names and parties were included in the suit. In certain cases, it may be prudent to hire a private investigator if your search is complex.

File suit immediately. Commence suit against every entity variation, as it is likely impossible to determine before discovery which entity is liable, which entity is insured, and which entity is a shell company. Filing early also may allow time to identify and add proper parties before a statute of limitations expires.

Failure to rigorously investigate possible defendant ­entities can jeopardize your case—and your client’s future.

John Coco is the founder of the Law Offices of John Coco in Woodbury, N.Y. He can be reached at jcoco@johncocolaw.com.