It was learned during the course of the case that plaintiff had failed to pay state business taxes resulting in the suspension of the corporation. At the time of the incident, the corporation was suspended and not authorized to conduct business. The plaintiff brought the suit as an assignee of his corporation to skirt the fact that the corporation did not have standing to sue. Later, the plaintiff brought current his tax obligations and reactivated his corporation. However, this was after the statute of limitations had expired as to the business loss claim.

DISPOSITION: The trial court granted defendant delivery company’s motion to dismiss on the basis that a suspended corporation does not have standing to assign a claim to its individual principal.  The plaintiff appealed and the firm handled the appeal.  The appellate court sided with defendant delivery company’s position that the corporation lacked standing to sue prior to the statute’s expiration, and that subsequent reactivation after the statute ran did not retroactively apply to revive the claim.