Can a business be named as a defendant in a lawsuit?

Naming A Business As A Defendant. Suing a business can be a little more complicated. Sometimes a business is owned by an individual, and sometimes a business is owned by a corporate entity. If the business is a corporation, you will generally have to name the corporation in your lawsuit.

Can a business be sued by an individual?

Suing a business can be a little more complicated. Sometimes a business is owned by an individual, and sometimes a business is owned by a corporate entity. If the business is a corporation, you will generally have to name the corporation in your lawsuit.

Can a DBA suit be filed under a common name?

Suit Under a Common Name (assumed name, d/b/a) In their second issue, appellants contend that Rule of Civil Procedure 28 permitted the substitution of Mei Hsu as plaintiff in Plaza’s original, timely filed petition. See Tex. R. Civ. P. 28.

Why do sole proprietors need to file a DBA?

Many sole proprietors prefer the simplicity of starting a business under their personal name. But others want some privacy, and separation between themselves and their business. Filing a DBA under a different name means you won’t have to have your personal name on the public record whenever your business is mentioned.

What kind of lawsuit can I file against a business?

If you are suing a business, you need to figure out what kind of business it is. There are 3 main types of businesses: A limited partnership. To sue a sole proprietor, you file against the person running the business, no matter what name he or she is using.

When to sue someone in a business dispute?

It will also help you decide if the difficulty of suing that person or company is worth the time, effort, and cost. You need to know where the person or business lives or does business, to establish jurisdiction (where the case will be tried). If you can’t find someone, it’s difficult––and more costly––to start a lawsuit.

Can a business be sued by more than one person?

Click to jump to Naming A Business As A Defendant below to learn more. You can sue more than one defendant for the same incident or contract. But each defendant must have some actual interest in the subject of your case and must be (at least arguably) responsible somehow for your injury.

Is a corporate defendant subject to general personal jurisdiction?

This post is part of the Delaware law series; links to other posts in the series are available here. On May 30, 2017, the U.S. Supreme Court strongly reaffirmed the Daimler rule that a corporate defendant is typically subject to general personal jurisdiction only in its place of incorporation and its principal place of business.

Who is the defendant in a breach of contract lawsuit?

Broadly speaking, if you sue because of a breach of a contract, the defendant will usually be the person or business you contracted with. For example, in a case involving the breach of a lease, the defendant will typically be either the property owner (if the tenant is suing) or the tenant who signed the lease agreement (if the landlord is suing).

What makes a defendant a ” minimum contact “?

Defendant has some contact within the state. The defendant (individual or business) has engaged in at least a small but significant amount of activity that constitutes “minimum contacts” in the state in which you’ve filed the lawsuit (and the case involves that activity).

Who are the defendants in the Oklahoma lawsuit?

Defendants were the automobile retailer and its wholesaler, both New York corporations that did no business in Oklahoma. The Court found no circumstances justifying assertion by Oklahoma courts of jurisdiction over defendants.

Can a defendant be served while in the state?

Defendant served while in the state. The defendant enters the state in which you filed suit after the case is filed, even if only for a short visit, and you serve the defendant with the court papers (normally a summons and complaint).

Can a plaintiff Sue an out of State Corporation?

Plaintiffs had sustained personal injuries in Oklahoma in an accident involving an alleged defect in their automobile.