Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 103
BEING SUED BY CORPORATIONS
OR GOVERNMENTAL AUTHORITIES
OF OTHER NATIONS
Section
§ 103.01 Extraterritorial Effect of Judgments
§ 103.02 Recognition and Enforcement of Foreign Judgments
§ 103.01 Extraterritorial Effect of Judgments
To determine the appropriate course of action when facing suit in a
foreign nation, one must look to the effect the judgment will have.
Typically, foreign judgments will only have effect within the boundaries
of that foreign sovereign.1 To reach assets outside that area, the judgment
must be recognized and enforced through actions in local courts.
Minnesota recognizes foreign judgments through principles of comity
and will enforce certain foreign judgments.2 Properly obtained foreign
judgments have res judicata effect in Minnesota, meaning that the claims
cannot be re-litigated in this state,3 and default judgments are given full
force so long as there was reasonable notice, an opportunity to be heard,
and the requirements of basic fairness are met.4
Since default judgments can be given effect, it is important not to
ignore foreign suits outright, even where there is no property within that
foreign jurisdiction. Instead, one must look to all the factors for local
recognition and enforcement of the potential foreign judgment, described
below, when formulating their strategy for dealing with foreign
proceedings.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis
