Jurisdiction in Minnesota for Out of State Developers

The Minnesota Court of Appeals has made it easier for foreign corporations to be sued in Minnesota based upon the conduct of the foreign corporations' subsidiaries.

2011-01-08

January 08, 2011 (Press-News.org) Before an individual can be called into a particular court, that court must have personal jurisdiction over the person. If you have never had any interactions with the state of Minnesota, for example, a Minnesota court cannot demand that you make an appearance.

When companies are involved, though, the issue of personal jurisdiction can become complicated. Companies do not reside in a single location and often interact with people in a variety of states; complex business structures can lead to difficult questions regarding personal jurisdiction.

Recently, the Minnesota Court of Appeals considered a novel legal situation involving the issue of personal jurisdiction in the context of construction law. In JL Schwieters Construction Inc. v. Goldridge Construction Inc. et al., a Wisconsin-based parent company owned a subsidiary company, which in turn owned real estate in Minnesota. When the subsidiary became unable to pay subcontractors involved in construction on the real property, those subcontractors sued the parent company in Minnesota courts.

The parent company argued that it was not subject to the jurisdiction of Minnesota courts; the Minnesota Court of Appeals disagreed. The court held that the non-resident parent company was treating its subsidiary as an alter ego to conveniently handle business in Minnesota, and therefore the parent company could be subject to the jurisdiction of Minnesota courts under a theory of vicarious personal jurisdiction.

What does this mean for foreign (non-Minnesota) companies conducting business in Minnesota? Essentially, the Minnesota Court of Appeals has made it easier for foreign corporations to be sued in Minnesota based upon the conduct of the foreign corporations' subsidiaries. If a subsidiary is simply operating as an alter ego for its parent company, that parent company will be responsible for the actions of the subsidiary and can be sued in Minnesota courts.

For more information regarding personal jurisdiction or the other requirements for bringing a lawsuit in Minnesota courts, you can speak with one of the knowledgeable attorneys at Patrick Burns and Associates.

Article provided by Patrick Burns & Associates
Visit us at www.patrickburnslaw.com

ELSE PRESS RELEASES FROM THIS DATE:

When a Colorado Skiing Accident Injury is Not Your Fault

2011-01-08

Anyone who skis or snowboards knows that a certain level of risk is inherent to these sports. Yet after a ski accident , many injured skiers are unaware just where the line is between negligence on the part of others and the risks one assumes by taking to the slopes. Although skiing is a relatively safe sport, serious injuries can occur. When a skier is injured, it is very important to be able to recognize when fellow skiers, or the ski resort itself, may be to blame under Colorado law. Common Ski Injuries Despite skiing's reputation as a dangerous sport, the rates ...

The Hallmark of Our Justice System: Innocent Until Proven Guilty

2011-01-08

In the United States, our justice system is premised on a fundamental principle: those accused of crime are deemed innocent until they are proven guilty. The bar for establishing guilt is high -- jurors are expected to only convict an individual accused of a crime if the prosecutor has proved guilt "beyond a reasonable doubt." At times though, this expectation contradicts the assumptions of those who are asked to serve as members of the jury. For some it is easy to assume that by the time an individual has been arrested by the police and put on trial by a prosecutor, ...

Should the MTA be Required to Unlock New York Subway Doors?

2011-01-08

City councilwoman Letitia James introduced a resolution that would force the MTA to unlock subway car doors. She says it's a question of public safety. With the subway doors locked, passengers have no way to escape a situation in which they feel unsafe, like a fight in a subway car or harassment by another rider. The city, however, believes that locked doors keep the straphangers safer. When the trains are moving, the gap between cars can be dangerously large at times. To the city, the risk involved in allowing individuals to move between cars outweighs the risk ...

M&S Money Reveals Over 50s Stick Close to Home in Retirement

2011-01-08

M&S Money has revealed that only 10% of the UK's 50 to 70 year olds are actually considering upping and leaving Britain behind for good when they retire, putting to rest the myths of the UK's "globe trotting" older generation. Indeed, contrary to popular belief the majority (61%) of this age group have no desire to move overseas and prefer to holiday close to home or in an English-speaking country. The top five destinations where M&S Credit Card customers use their card are USA, France, Spain, Ireland and Italy. Research conducted by the Institute of Public Policy ...

House of Fraser Introduces New Tommy Hilfiger Collection Online

2011-01-08

House of Fraser, the premium department store now offers the new Tommy Hilfiger 2011 collection online at www.houseoffraser.co.uk. Established in 1985, Tommy Hilfiger has successfully created preppy, luxury leisurewear along with fresh fragrances. Tommy Hilfiger clothing and accessories, including men's jeans and men's socks, women's clothing and children's hats and scarves are now all available at houseoffraser.co.uk. The new range includes Tommy Hilfiger's Men's Holiday collection, featuring padded cotton plaid shirts in a variety of festive shades from holly ...

Salon and Spa Galleria Adds Arlington Location

2011-01-08

An old dog learns new tricks as an Arlington salon reopens its doors with a new marketing strategy for both customers and tenants. Every specialist who rents a studio at the Salon and Spa Galleria will receive a free page on the salon's search engine-optimized website. "It's more than just a profile page with a picture and contact information," says the owner of the salon. "It's a personal salon blog they can use to connect with their client bases. Every blog posting makes their page that much more optimized for Google, thus getting them that much more exposure on the ...

Didriks Announces British Cutlery Designer David Mellor Honored for Design Achievements by Modern Magazine

2011-01-08

In their Winter 2010 issue Modern Magazine spotlighted the late post-war British cutlery designer David Mellor. Mellor has been hailed "as Britain's most serious, modest and greatest postwar product designer." Mellor not only devoted his professional life to the design of exceptional contemporary flatware but also created many well-known industrial designs woven in British daily life, such as public trash bins, street lights and the modernized red post box. The full collection of David Mellor flatware is available for purchase in the United States at Didriks, in Cambridge, ...

Didriks Announces Third Annual February Campaign to Benefit Food For Free

2011-01-08

Didriks, a retailer of outdoor furniture and home furnishings, announced that they will donate five percent of in-store and online sales in February to Cambridge, MA nonprofit Food For Free. This will be Didriks' third annual campaign to benefit Food For Free, an organization that collects and provides fresh food to the needy. Didriks invites the public to an in-store kickoff party on February 3rd, 2011, from 5-8pm. Catering for the event is provided by Season to Taste catering. Food For Free Director, David Leslie, said: "We're excited and grateful to partner with ...

iWatchz Launches Carbon and Jelly Collections at CES 2011 -- The World's #1 iPod Nano Watch Follows the Huge Success of its 'Q Collection' with the Launch of Two New Stylish Collections

2011-01-08

The Carbon Collection features a matte-black aluminum nanoclipz system and a carbon watchband accented with coloured stitching available in six colours. The Carbon Collection will be available in early February 2011 at over 250 Apple Stores nationwide, Apple.com and www.iwatchz.com at $49.95 USD. The Jelly Collection features a translucent-coloured nanoclipz system and matching vibrant silicon watchbands in pink, orange, red, green, blue, white and grey. The Jelly Collection will be available at retailers nationwide and at www.iwatchz.com in early February 2011 at the ...

IVF breakthrough to hit the world market

2011-01-07

A University of Adelaide reproductive biologist has achieved a major breakthrough in IVF technology that is expected to help millions of women around the world who have suffered previous miscarriages after IVF treatment. Professor Sarah Robertson, an NHMRC Principal Research Fellow and member of the University's Robinson Institute, has partnered with a Danish company to develop a product which improves IVF embryo implantation rates for some women by up to 40%. In the world's largest clinical trial on IVF media, Professor Robertson and ORIGIO a/s - a European company ...