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Right to sue in LA?

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max88

Junior Member
What is the name of your state? LA

I set up a Delaware C corp with a principal place of business in my state of residence, Louisiana. When the corporation was formed about 6 years ago, all required documents were filed with the Louisiana Secretary of State. The principal place of business has always been LA. The corp recently filed a legal malpractice action in LA state court. The defendant filed an exception claiming that the corp does not have the right to sue in LA because it failed to maintain proper records with the State of LA and was not licensed to do business in LA at the time it filed the legal malpractice action. The petition did not state that the corp was "licensed" to do business in Louisiana, only that it was doing business in LA. Assuming that the defendant is correct and the corp has not maintained proper records with the State of LA, does the corp lose its right to sue in LA state court? Is there some reinstatement process that would give the corp the right to sue in LA state court?

What are the prescription rules for legal malpractice actions in federal court?
 


S

seniorjudge

Senior Member
max88 said:
What is the name of your state? LA

I set up a Delaware C corp with a principal place of business in my state of residence, Louisiana. When the corporation was formed about 6 years ago, all required documents were filed with the Louisiana Secretary of State. The principal place of business has always been LA. The corp recently filed a legal malpractice action in LA state court. The defendant filed an exception claiming that the corp does not have the right to sue in LA because it failed to maintain proper records with the State of LA and was not licensed to do business in LA at the time it filed the legal malpractice action. The petition did not state that the corp was "licensed" to do business in Louisiana, only that it was doing business in LA. Assuming that the defendant is correct and the corp has not maintained proper records with the State of LA, does the corp lose its right to sue in LA state court? Is there some reinstatement process that would give the corp the right to sue in LA state court?

What are the prescription rules for legal malpractice actions in federal court?
Click to expand...

Q: What are the prescription rules for legal malpractice actions in federal court?

A: What are prescription rules? In any event, it is very unlikely that a malpractice lawsuit would be a federal case. Also, all of your other questions will be answered by what the court decides.

If you want further advice on this forum, give us facts and details since your question is a bit hazy.
 
M

max88

Junior Member
Assuming I get the corporation's suspension revoked, is it as if the suspension never happened? Or, will I be required to file a new suit?


seniorjudge said:
Q: What are the prescription rules for legal malpractice actions in federal court?

A: What are prescription rules? In any event, it is very unlikely that a malpractice lawsuit would be a federal case. Also, all of your other questions will be answered by what the court decides.

If you want further advice on this forum, give us facts and details since your question is a bit hazy.
Click to expand...
What basically happened was my attorney missed a filing date and I ran out of time to file the case. Now I'm suing my former attorney and he's claiming that my corp. can't sue in an LA state court because the proper foreign corp.
paperwork had not been filed with the Secretary of State. If I file it now and receive authority to transact business in LA, should the court allow my current suit to survive?
 
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