Court of Appeals Upholds Dismissal Against Aberdeen Wal-Mart

Scott Swier
Founding Member, Attorney At Law
Posted on Mar 14, 2013

The Eighth Circuit Court of Appeals recently upheld the dismissal of a lawsuit filed against the Aberdeen Wal-Mart.  

The federal court found that service of process was insufficient under South Dakota law, which allows service of process on a business entity "by leaving a copy of the summons and complaint at any office of such business entity within this state, with the person in charge of such office."  Specifically, the federal court found that the “assistant manager” (who was served with the lawsuit) was not the “person in charge.”