Pepsi Breathes a Billion-Dollar Sigh of Relief
Associates at Cleary Gottlieb may not be starting their weekends on a happy note. But for legal secretary Kathy Henry, the weekend is off to a very good start.
Judge vacates $1.26B ruling against PepsiCo
[Associated Press]
Earlier: Legal Secretary of the Day: Pepsi’s $1.26 Billion Mistake
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Comments
I think I'll go first.
After you, 1.
This is one of the less-shocking developments of the day.
I frequently use words so sophisticated that my BlackBerry and laptop's spell check thinks it is a misspelled word. Does anyone know where I can download a preeminent peer spell checker?
Carrie Prejean in "Single, White and Moist"
3 - Don't ruin your schtick by posting off-topic comments. Idiot.
Hey 5, your post is off-topic. Idiot.
JaKe, you're still an asshole.
Carrie Prejean in "Carrie Takes The Pepsi (Bottle) Challenge"
6 - My post wasn't a schtick. Idiot.
7 As she already manages her head in a tighter hole, I dont think it would be much of a challege to take the bottle in her vagin. It loose like wizards sleeve.
3
We all know what becomes of you Roy Cohn.
http://en.wikipedia.org/wiki/Angels_in_America:_A_Gay_Fantasia_on_National_Themes
3
We all know what becomes of you Roy Cohn.
http://en.wikipedia.org/wiki/Angels_in_America:_A_Gay_Fantasia_on_National_Themes
Golly, who could have predicted this? Oh right, everyone on the other Pepsi default thread.
Ahhhh yyaaaaaa mother fuckeeeeeerrs, THirteens all up in this mother fucker. What? What?
I'm struggling to understand why this judgment was vacated. According the story, "PepsiCo said it never knew about the case and also blamed the fact that it was served the lawsuit in North Carolina, where it is incorporated, instead of Purchase, N.Y., where it is headquartered."
PepsiCo was in fact SERVED with the lawsuit in NC. Some of its New York employees "didn't know" about it; but service on the corporation is sufficient notice.
As for the place of service: Wisconsin R.Civ. P. 801.11 allows service on a foreign corp "By personally serving the summons upon an officer, director or managing agent of the corporation or limited liability company either within or without this state. In lieu of delivering the copy of the summons to the officer specified, the copy may be left in the office of such officer, director or managing agent with the person who is apparently in charge of the office."
So if Pepsi has an office in NC, and the plaintiff served an officer of the corporation there--- what's the problem with service?
I suspect if the default judgment had been, say, $1 million, the judge might have let it stand.
As they say, pigs get fat, hogs get slaughtered (a good lesson for asking for money from a jury, too).
#15, there's nothing hoggish here. It's not like Plaintiff's refused a Pepsi offer to settle for $100 million and then on appeal lost it all.
As for the rest of the case, I don't understand it at all. I recall reading that the distributers were also served, and responded, AND THEY NEVER BOTHERED TO COORDINATE WITH PEPSI?????
I miss Rondo. You could really slam it down in a hurry.
The more pressing problem for all of us corporate attorneys (and, dare I say it--paralegals) is that in Delaware, the registered agent normally gets service of process, since Delaware does not make addresses publically available, the registered agent (CT, CSC, etc.) then looks at their database and forwards the service of process to the name and address on their database. That name is usually the paralegal or associate who set up the corp/LLC/LP. Now, if you start axing people right and left, what happens is that letters to the x-employees start piling up at the receptionist’s desk, and nobody knows what they should do with them. And if you fire enough people, then who is going to sort them or know what to do with them? I'm surprised this kind of thing doesn't happen more often. So, moral of the story--always check your CT or CSC forwarding addresses and always keep a list of all the corp/LLC/LPs you are responsible for.
--unemployed corporate paralegal