Suing a Foreign Corporation

[kabaf33]

Hi Guys, I have a quick question please. I just had an accident inside JC Penny store recently and my lawyer states "since JC Penny is foreign company my case to be handled by federal lawyer and sued federally " Is true that JC Penny a foreign or state company? An idea I would greatly appreciate it.

Please note the accident happened in NYC and my home location.

[Dogmatique]

Where are you located?

[flyingron]

When it comes to corporation, foreign means it is incorporated in a state other than the one you are in. It doesn't mean it is not in the US.
JC Penney is a Delaware Corporation with head officers and registered agent in Texas. While you may have jurisdiction in federal court, you can also sue them in Delaware, and most likely, the physical presence of the store in your state will probably allow them to be sued in that state as well.

Absent details, we don't know why your lawyer suggested Federal court. There's really no such thing as a "federal lawyer" (other than a lawyer willing to appear in a federal court).

[Dogmatique]

I'm thinking OP might not actually be from/in the US.

But clarification is important

[Mr. Knowitall]

Absent details, we don't know why your lawyer suggested Federal court.

There's not complete diversity of citizenship, and it's difficult to imagine how "I just had an accident" would create a federal question, so I suspect either that the lawyer was trying to find a way to avoid directly saying, "I don't want to take this case," or that kabaf33 would benefit from finding a better lawyer than the one he spoke with. I'll revisit that impression if and when we get more details.

The location is NYC.

[kabaf33]

Here is what happened (short version of the story). I feel in JC Penny almost a year from now in NYC. My lawyer stated I should perform the surgery on my back as soon as possible to get things started and I did. I did have previous injury and case is closed, but this new injury just made it worse, hence I had performed an immediate surgery on my lower back. After couple of months from date of the surgery, my lawyer informs me he didn’t know JC Penny was foreign company after I signed the agreement papers with him. Now he refers me to a new law firm from one of friends who specialize in federal cases because he only deals with state cases. Also my lawyer states that I will receive my compensation directly from him expect the new law firm will only receive a partial payment as he mention that the case is easy buy needs someone with federal expertise. A few minutes later I get phone call from the new law firm that they will send some papers to be signed to get things started and they need copies of the old case that is closed to prove the new injuries made it worse and need my husband to signed on the new paper (which is kind of wired since my husband wasn’t involved in the new or old case). I have been waiting for 2 weeks almost for the new agreement papers to be mailed to me because I am not physically able to see the new lawyer and meet with in person and when I tried to contact my old lawyer he is untouchable and soonest I can see him is in 3 weeks from now. My questions are following…..
Assuming my lawyer never opened my case to court or present in court. How long of a time frame I have the right to get compensation if I hired a completely new lawyer?
Also how long does it take for a new lawyer to open a case in court and have claimed number?

Please help with some advices on what to do or any ideas. Would greatly appreciate it. Thanks.

[cmre3456]

I'm lost. You live in NYC and you fell in a Penny's store in NYC. Penney's does business in NYC and is responsible in NYC for any liability occurring on their leased or owned premises in NYC.

I see nothing federal about that. I see jurisdiction being in state court. That's jurisdiction over Penny's under NY state law. Because you live there and Penny's operates there and the tort occurred there, there must be something we don't know.

Normally state courts in NYC would have total jurisdiction and it would be plead and tried (or settled) in NYC in state, not federal court under NY laws.

OK, OK, I'll get off the meds, LOL. It is certainly possible there's something we don't know here.

If all that's posted here is true and there's nothing else, I'd be firing all attorneys and getting a good one.

$.02