Can I sue a foreign corporation if they have an eStore and marketing headquarters in the U.S.?
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Can I sue a foreign corporation if they have an eStore and marketing headquarters in the U.S.?
I want to sue ASUS Corporation in Davidson County, TN small claims court for numerous abuses regarding several computer transactions. They are a Taiwanese corporation, but their eStore and U.S. marketing operations are based in Fremont, CA. Can I serve them at their Fremont headquarters, and if I win my case or–far more likely, barring a settlement–they allow me to win a default judgment, can I collect? I have successfully won disputes and suits with Best Buy (twice), and HughesNet, so I do have some experience at this. Somebody has to fight these abusive companies.
Asked on June 2, 2011 under Business Law, Tennessee
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You normally can sue a company if that company has subjected itself to U.S. law by conducting business in the U.S. (either in state or federal court) based on subject matter jurisdiction and diversity jurisdiction/in personam jurisdiction. Those phrases are from civil procedure rules in your state. If you are not harmed by this company, you may not be able to prevail over the suit. Further, at some point, the company could show your prior lawsuits are abusive and bad faith (playing devil's advocate here) and could try to have your suit dismissed. Basically, anyone can sue anyone; the issue becomes whether or not the suit itself will continue because jurisdiction has been met, a question of law has been presented or whether it will be dismissed because the initial issues have not been met.
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