Verdict - Fall 2015 - (Page 28)

Avoiding Lan > FeatUre story L Identifying, Locating and Serving the Non-U.S. Corporate Defendant By josh waGes itigating against foreign (non-u.S.) corporate defendants presents a number of provides that a product seller is not subject potential landmines that the plaintiffs' attorney must navigate. identifying and to strict liability in a product liability action locating the foreign defendant is the first obstacle. there may also be limitations under o.C.G.A. § 51-1-11.1. on service and personal jurisdiction that can impact how - or even whether - you can pursue a civil action against a foreign corporation in the u.S. if you do not know the name of the party responsible for the product at issue in your case, your first step should be an internet IDENTIFYING AND LOCATING the Secretary of State as agent for service search. useful information can be gleaned THE FOrEIGN DEFENDANT under the Non-resident motorist Act or else from Google searches for the product or Although foreign defendant issues may be would be subject to jurisdiction under the suspect corporation at issue, but you must present in any type of plaintiff's case, these Long-Arm Statute. ensure that the information is accurate and issues most often arise in product liability First, understand this important point: up-to-date before proceeding based on any cases, which can present unique hurdles in if you believe that a u.S. defendant may be web search information. Corporations gener- obtaining service and establishing jurisdic- responsible for selling a foreign corpora- ally take steps to protect their intellectual tion. in a premises case, for example, a for- tion's product (e.g., a wholesaler, distributor property, and information about the patent eign defendant will likely be deemed to have or licensee in the u.S.), do not assume that you holder may be available through the u.S. submitted to the state's jurisdiction by virtue will be able to establish liability for a defective Patent and trademark office online data- of owning property in the state. in an auto product without the foreign manufacturer base through the trademark electronic wreck or other tort action in the state, a for- defendant in the case. While there certainly Search System. depending on the type of eign defendant would likely be found to have may be alternative legal theories available product at issue in your case, the manufac- submitted to the jurisdiction and appointed against the domestic seller, Georgia law turer may also be required to register with 28 Georgia Trial Lawyers Association

Table of Contents for the Digital Edition of Verdict - Fall 2015

President’s Message
What’s New at HQ
Tips for Selecting and Implementing a New Case Management System
How I Obtained Justice for My Client
What You Need to Know About Mass Torts & Multidistrict Litigation
London Calling: Navigating the Waters When Taking a Deposition Overseas
Ethical and Practical Considerations of Co-Counseling
Avoiding Landmines: Identifying, Locating and Serving the Non-U.S. Corporate Defendant
Powerful Weapons: Public-Private Alliances Between State Attorneys General and Private Lawyers
Multidistrict Litigation: Friend or Foe?
Civil Lawyers Against World Sex Slavery
Getting Out-of-State Evidence: Domesticating a Subpoena
New Lawyers’ Corner: Five Tips for Hanging your Shingle
Case Updates: What’s New?
Workers’ Comp Updates
Champion Members
Welcome New GTLA Members!
Index to Advertisers

Verdict - Fall 2015