Velasquez v. Franz

In this extraordinary case, plaintiffs products-liability claim against a dissolved Illinois corporation was dismissed by a federal court because the injury had occurred twelve days after dissolution and Illinois law bars post-dissolution claims. As explained in more detail hereafter, the federal court should not have applied literally Rule 17(b) of the Federal Rules of Civil Procedure (Federal Rules), which compelled reference to Illinois law in determining defendant-corporation’s capacity to be sued, but should instead have applied New Jersey choice-of-law rules and, in all likelihood, New…