If I am an authorized dealer for a company headquartered in another state and need to sue them, can I do it with a lawyer admitted in my state or where the company is?

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If I am an authorized dealer for a company headquartered in another state and need to sue them, can I do it with a lawyer admitted in my state or where the company is?

Asked on December 11, 2014 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

For a definitive answer, you need to review the details of the prospective cause of action with an attorney, because jurisdication (having the authority to sue someone) and venue (where it is appropriate to sue) depend on the specific facts of the legal action. However, that said, if the suit grows out of your representation of the other company, you can generally sue in your state (there are enough "contacts" with that state, and that state has a sufficient interest in the case, because one of its citizens is an authorized representative) to justify jurisdiction and venue. The exception would be if the agreement you have with the company states that any lawsuits must be in a given state; if so, then you'll have to sue where the agreement says you'd have to sue, since jurisdiction and venue provisions in contracts are enforceable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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