QUESTION

Could we sue the parent company in US?

Asked on Dec 27th, 2011 on Personal Injury - Oregon
More details to this question:
We are a Chinese company and had a contract with an American company's Chinese subsidiary. Now the subsidiary is unwilling to pay, could we sue the parent company in US? We already launched a lawsuit in China against the subsidiary, but if they will not pay, is there anything else we could do?
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10 ANSWERS

Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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This is a personal injury website and your question is better directed to a lawyer who practices commercial litigation. Good Luck
Answered on Jul 08th, 2013 at 2:35 AM

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Disability Law Attorney serving Marshall, TX at Carlile Craig, L.L.P.
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Probably. It depends on the language of the contract.
Answered on Jul 02nd, 2013 at 11:44 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Yes.
Answered on Jun 02nd, 2013 at 8:57 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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If the subsidiary he no assets in theUS and is an independent ompanh the you are stuck.
Answered on Dec 30th, 2011 at 9:16 AM

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Often the contract will have a forum and/or venue selection clause in it that designates what law applies and where disputes are settled. I would start by examining the contract for those items. Your question is one of proper jurisdiction (both personal and subject matter). Without knowing more I would say that you would likely be able to bring suit in here in the US. It sounds like the defendant certainly has availed itself of the forum and could expect suit here. It also would be clear that there are minimum contacts in the US and it would be fair to the defendant to be sued here. These are some of the considerations you need to look at. In short, you're looking at subject matter and personal jurisdiction, then the proper venue. Venue is based on convenience and efficiency so if you file in a state where the defendant is incorporated or where a large portion of the facts and circumstances which give rise to the lawsuit exist, you should be fine there. A corporation can be subject to several different jurisdictions based on their contacts with a state but, can only be considered a "resident" of one judicial district in that state. That's where your venue may be proper. Again, you need to focus on the convenience of the evidence and witnesses to avoid a forum non convenienes motion. Look at the VW v. Woodson, Burger King, Asahi Metal, Coastal Video, Helicopteros and Piper Aircraft line of cases to get you started. Also, you should look at the option of getting a judgment in China and transferring it to the US. Regardless, you need an international law attorney experienced in contracts. Good luck.
Answered on Dec 29th, 2011 at 11:46 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I am not versed on international matters. Normally you sue the corporation which owes the money, not a parent or subsidiary. The purpose of the corporate form is to protect.
Answered on Dec 29th, 2011 at 11:34 AM

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This question is outside of my expertise. Suing a foreign corporation in the United States or registering a foreign judgment is a matter for the federal courts and I'm not comfortable answering it. You should consult a larger urban firm in a major city where the Chinese company has it's main or a branch office.
Answered on Dec 29th, 2011 at 11:31 AM

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Sam Louis Levine
Without knowing more about the particular matter, it is very difficult to say one way or another whether or not you could assert a lawsuit against the US company. I suggest providing the relevant paperwork to an attorney to be evaluated.
Answered on Dec 29th, 2011 at 11:15 AM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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The answer is "yes" if the right circumstances are present. The subject is too complicated to give a detailed answer as to how that can be done without more very specific information, however. Suffice to say it would involve blurring of corporate lines, co-mingling of funds, that sort of thing. You will need a good business litigation attorney skilled at discovery.
Answered on Dec 28th, 2011 at 11:40 PM

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Railroad Injuries Attorney serving Portland, OR
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Yes, you can sue the US company in Federal Court in which the US company is located.
Answered on Dec 28th, 2011 at 7:45 PM

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