Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 80
COMMON THEORIES OF LIABILITY
ASSERTED IN COMMERCIAL
LITIGATION INVOLVING
CORPORATIONS
Section
§ 80.01 Introduction
§ 80.02 Respondeat Superior
§ 80.03 Agency
§ 80.04 Antitrust Violations
§ 80.05 Securities Violations
§ 80.06 RICO
§ 80.01 Introduction
The causes of action asserted against businesses and corporations are
as many and varied as against noncommercial entities. The following is a
survey of some of the more common commercial lawsuits:
(1) Intellectual property infringement (patent, copyright, trademark,
trade name, and trade secret violations);
(2) Breach of contract;
(3) Fraud, misrepresentation, and false advertising;
(4) Employment law violations;
(5) Defamation;
(6) Interference with contract;
(7) Antitrust violations;
(8) Securities law violations;
(9) RICO;1
(10) Fraudulent transfers and conveyances;
(11) Breach of fiduciary duty and corporate waste.
The underlying substantive law and some litigation considerations
pertaining to these causes of action are discussed in detail in other
Chapters of this book.2
Corporations are regularly sued for breach of contract; fraud; products
liability; breach of warranties; wrongful termination; employment issues
including sexual and racial discrimination; intellectual property
violations; negligence; premises liability; and a variety of intentional
torts. However, it is in connection with the corporation, with its capacity
to employ thousands of persons, that the doctrines of respondeat superior
and agency come to full fruition. Likewise, the preeminence of the
corporation in the commercial world makes it a likely candidate for
antitrust, securities, and RICO suits.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis