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?
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?