Originally Posted by minusonebit

They will not have to refile. Your lawyer will file a motion to dismiss, they will respond with a brief explaning the error and include a motion for leave to file an an ammended complaint, which will be granted. They will refile the complaint under the right name and the case will proceed against you.

No judge is going to pitch it out on a technicality like that, and if they did an appeal with a "balance the intrests" arguement would undoubtedly suceed.