Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
Preview Page
CHAPTER 18
USE OF CORPORATE AGENTS
AND SERVICE COMPANIES
Section
§ 18.01 Use of Corporate Agents and Service Companies
§ 18.02 Service of Process on a Corporation
§ 18.03 Service on a Dissolving or Dissolved Corporation
§ 18.01 Use of Corporate Agents and Service Companies
A corporation is sometimes referred to as a "legal person," meaning
that it may sue and be sued like a real person under the laws of the state
where it is incorporated, and often in other states as well. In reality, a
corporation is an individual or group of individuals who cause the
corporation to "act" according to their wishes. These acts may infringe
on the legal rights of others under some circumstances. For example, the
management of a corporation may send a driver in a company van to
deliver a package. If the driver strikes a pedestrian during the trip, most
courts would allow the pedestrian to sue the corporation for damages.1
Once the pedestrian begins to pursue a lawsuit, however, one of the first
hurdles is that of serving notice on the corporation that it is the subject of
a lawsuit. There are often many individuals that are employed by the
corporation, but serving a copy of the complaint on the wrong employee
may be deemed ineffective service of process, which may delay the
proceeding.
In earlier times, when foreign corporations were not required to
register with a state in order to conduct business there, serving process
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
