Civil Litigation
Jun. 18, 2009
Ruling Makes It Too Easy to Serve Foreign Corporations
Making it easy for plaintiffs to drag international entities into state court will bring foreign investment down even more, write Erin L. Burke and Erik Swanholt.
Erin L. Burke
Partner, Jones Day
Erik C. Swanholt
Partner, Foley & Lardner LLP
business and tort litigation
Phone: (213) 972-4614
Email: eswanholt@foley.com
Jason C. Wright
Associate, Jones Day
555 S Flower St 50th FL
Los Angeles , CA 90017-2300
Phone: (213) 243-2810
Fax: (213) 243-2539
Email: jcwright@jonesday.com
UC Berkeley Boalt Hall
Jason is in Jones Day's Business & Tort Litigation group, concentrating in consumer class actions.
Recently a California Court of Appeal invited Supreme Court review of case law regarding service of process for foreign corporations. The Code of Civil Procedure provides that service of process may be accomplished by serving a corporation's general manager, which courts have historically defined as a person or entity with general control over the corporation. Under this rubric, courts expressly rejected service of a parent corporation via service of the subsidiary because the subsidiary...
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