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 101
SUING CORPORATIONS CHARTERED IN
OR HAVING OPERATIONS IN
FOREIGN COUNTRIES
Section
§ 101.01 Service of Process
§ 101.02 Personal Jurisdiction and the Long-Arm Statute
§ 101.03 Venue and Forum Non Conveniens
§ 101.04 Choice of Law
§ 101.01 Service of Process
Serving process against a foreign individual is accomplished under
Rule 4.04 of Civil Procedure in Minnesota state courts, and by Rule 4(f)
of the Federal Rules of Civil Procedure in the federal court for the
District of Minnesota. The two track each other closely,1 and service of
process is accomplished by consistent standards whether in state or
federal court in Minnesota. Service on someone not in the state may be
accomplished by following appropriate international conventions.2 In the
absence of an international agreement on service of process, service must
be reasonably calculated to give notice in the manner used in the
jurisdiction where process is served, as the foreign authority dictates in a
request or letter rogatory, or by personal delivery or mailing requiring
signature on receipt, as long as those methods are legal in the jurisdiction
where process is being served.3 The court may also direct a method for
serving process, so long as that method does not violate international
agreements.4
Serving process against a foreign corporation is achieved under
Minnesota law by service on the registered agent, or in accordance with
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
