My question involves independent contractors in the state of: Louisiana
A woman I work with is in a situation where a client has breached the contract between them. I worked on it with her but am not mentioned in the contract. It was a clear violation, and the client has refused to return any emails or phone calls. The company is incorporated in Rhode Island, the work was completed entirely over the internet, with her primary place of business (ie. where she did the work) being in Louisiana. We do not know where the client himself lives, although we were able to contact the registered agent.
The company does business via the internet all over the world via phone and mail, not just the state they live in. In the contract it doesn't have a Disputes section, but it does have this line:
9.7 Governing Law. The laws of the State of Louisiana will control the interpretation of this Agreement.
My questions are:
1) Does the fact that they do nationwide business and the fact that the laws of Louisiana govern the contract constitute grounds for her to file a small claims case in Louisiana?
2) Is serving notice to the registered agent about a lawsuit the same as serving the business owner?
3) Would it be reasonable to ask the court to place a lien on the client's domain name if she is successful in suing him?
Thank you.
-Michael
A woman I work with is in a situation where a client has breached the contract between them. I worked on it with her but am not mentioned in the contract. It was a clear violation, and the client has refused to return any emails or phone calls. The company is incorporated in Rhode Island, the work was completed entirely over the internet, with her primary place of business (ie. where she did the work) being in Louisiana. We do not know where the client himself lives, although we were able to contact the registered agent.
The company does business via the internet all over the world via phone and mail, not just the state they live in. In the contract it doesn't have a Disputes section, but it does have this line:
9.7 Governing Law. The laws of the State of Louisiana will control the interpretation of this Agreement.
My questions are:
1) Does the fact that they do nationwide business and the fact that the laws of Louisiana govern the contract constitute grounds for her to file a small claims case in Louisiana?
2) Is serving notice to the registered agent about a lawsuit the same as serving the business owner?
3) Would it be reasonable to ask the court to place a lien on the client's domain name if she is successful in suing him?
Thank you.
-Michael
Contracts and Agreements: A Question of Venue
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