One of the first issues that must be determined by an Atlanta corporate litigation lawyer when deciding whether to sue a corporation or in defense of a lawsuit filed against your corporation is where is the lawsuit properly filed against the corporation—in other words what court or courts have jurisdiction over that corporation.
There are several answers and many times several courts where jurisdiction over a corporation can be established, including:
1. The contract at issue may have a provision stating where jurisdiction lies for any suit regarding the rights of the parties to the Contract;
2. If one party is a Georgia corporation and the other parties are foreign corporations or individuals, suit can be filed in Federal Court in Georgia in the District where the Georgia corporation resides; and
3. As to Partnerships, the Partnership can be sued where one or more of the partners reside;
As a litigation attorney in Atlanta, determining where a corporation resides is one of the most critical issues to determine before filing suit for a client or answering a suit on behalf of a client.