Business Law Case 3
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Kayla Saavedra
Professor Frey
Business Law February 4, 2023
Case 3.2 Service of Process
Based on the text from Case 3.2, the issue of the case is whether the plaintiff properly served the defendant, Walmart, following South Dakota’s service of process. Referring to South Dakota’s law, the plaintiff must make the service of process on the president, officer, director, or registered agent of a defendant corporation. In this case, the plaintiff, Jon Sommervold, served his complaint and summons to Walmart’s assistant manager, Josh Henn. He is not among the individuals who are to be served by the law of South Dakota’s service of process. Walmart did indeed have a registered agent whose contact information was publicly available at the state government’s office. This was whom the plaintiff should have served his complaint and summons towards. Walmart then challenged the service process by arguing that it violated South
Dakota’s statute. Based on the analysis, it appears that the plaintiff did not properly serve defendant Walmart in accordance with South Dakota's statute for service of process against corporations. The service made on an assistant manager does not meet the legal requirements outlined in the statute. The subsequent challenge by Walmart further supports the argument that the service was improper. Additionally, the fact that this challenge occurred after the expiration of the three-year statute of limitations adds complexity to the case.
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