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 102
SUING GOVERNMENTS AND
GOVERNMENTAL AUTHORITIES OF
OTHER COUNTRIES
Section
§ 102.01 Service of Process
§ 102.02 Sovereign Immunity
§ 102.03 Personal Jurisdiction and Long-Arm Statutes
§ 102.04 Removal to Federal Court
§ 102.05 Venue
§ 102.06 Choice of Law
§ 102.01 Service of Process
Service of process on a foreign government is controlled by 28 U.S.C
§1608 of the Foreign Sovereign Immunities Act (FISA). Service on a
foreign state is done through compliance with applicable special
agreements; in the absence of such an agreement, it is done according to
international treaties that may be in place; if no such treaty exists, the
complaint and a notice of suit, together with translations into the official
language of the state must be sent by mail requiring a signed receipt.1 If
such service could not be accomplished in 30 days, two copies of the
complaint, notice of suit and translations may be sent by the clerk of the
court to the Secretary of State in Washington.2 When dealing with
agencies or instrumentalities of foreign states, service must first be
attempted under any special agreements; if none exist, then the summons
and complaint must be served on an officer or registered agent of the
entity.3 In the absence of such an agent, service may be made by
delivering the summons and complaint, as well as appropriate
translations in accordance with a letter from the government to be sued,
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
