Dear Legal Team;
I have a credit card ("CC") New York lawsuit with Bank of America ("BOA"). However, I have never dealt with BOA. I was issued a CC in 2005 by Merrill Lynch ("ML"). ML was acquired in the financial crisis by BOA. I have only dealt with ML. The entity suing me is BOA. But I keep getting calls and when I call the CC hotline, I get referred to ML's dept.
I am under the impression that a parent company can not sue on behalf of a subsidiary. Isn't this why we have LLCs? So is this lack of standing and unjust enrichment? I been completely wiped out b/c of COVID and startup failure. I have already filed my answer. I have read all of BOA's CC lawsuit cases. I think BOA will file a motion for summary judgement.
So is my lack of standing and thought on parent suing on behalf of a subsdiary questionable and able to strike the future motion for summary judgement?
1 Answer from Attorneys
This will be governed by NY law. Re-ask your question designatingnit as a NY question.