Barth v. Bank of America, N.A.

Jerry L. Barth sued “Bank of America Corporation”. Bank of America, N.A. answered, asserting that it had been, in its words, “incorrectly named”. At trial, the witnesses referred simply to “Bank of America”, with one exception: Bank of America, N.A.’s corporate representative testified, in response to a question by Bank of America, N.A.’s counsel regarding the “actual entity [involved in the dispute] that we’re here over today”, that it was “Bank of America National Association”. Bank of America Corporation was not mentioned in the evidence. During the jury charge conference after the close…