Please excuse the corporate bureaucracy

I’d like my $1.26 BILLION back, judge.

Signed: PepsiCo

Man. You’ve got to read this! It’s even from Wisconsin. Check out PepsiCo’s Wisconsin attorney group.

Comments

  1. DICK STEINBERG says:

    This looks like a case of conflicts of state laws, jurisdiction, service of process, pleadings and practice in state court, attorney diligence and an opportunity to reopen the judgment or court order. In any event this case is only in it’s infancy. Having been legal counsel for large corporations it is sometimes an internal nightmare before the corporate attorney is notified of a lawsuit in time to intervene. Some CEO’s believe that they can handle it themselves and protect their image. The only struggle is that if the statute of limitations expired. If not, the case can be dismissed and started over which is not unusual. As Jimmy Durante said “everyone wants to get into the act”. Same is true for the biggies, the board of directors, the officers and stockholders want to have their say, before asking their lawyers for help.

  2. In other words, what a mess!

  3. Wilson828 says:

    But a delightful mess. Let’s see … settle for like $5M … each … attorneys get $2.5 .. you get $2.5…. nice… life time retirement. That’s what it’s all about. (or be tied up in litigation forever and get nothing)

  4. All of those dollar signs did fly through my head, too. Forever seems most likely.

  5. BrkfldDad says:

    Maybe you should countersue NFI and they’ll misplace the papers and you’ll get a default judgement. The irony is too funny 🙂

  6. Oh, no, bdad, that’s not the way my luck runs. I can win a basket of lotion, but that’s about as far as I get.

  7. PepsiCo’s spokesman goes by the name of Joe Jacuzzi?

    Nice.

  8. I’d think this was a lot funnier if so much of my 401k wasn’t in PepsiCo

  9. DICK STEINBERG says:

    Look at AOL today or the National Law Journal and it is what I surmised. But even worse. A legal secretary does not hold back legal or any documents from her lawyer/boss. There is an issue of whether the lawsuit papers were personally served or by mail or proxy; every corporation must have in WI. a registered agent to accept service of a lawsuit (Summons and Complaint). Why would Pepsi make a public explanation that may bite them in court ?

  10. BrkfldDad says:

    Looks like according to CCAP there’s an affidavit of service on 6/11/09. But they were served in NC, so do they have a similar corporate law that requireds a registered agent to accept service of a lawsuit down there?

    Best part about this is their distributors were represented in court. You’d think they would have called Pepsi and said ‘hey, where are you?’

  11. That’s an interesting observation.

    I wouldn’t mind PepsiCo having to eat a big chunk of yuck on this one. Corporate arrogance is the worst.

  12. DICK STEINBERG says:

    BD. Good research. Without research like you did every state has a procedure to serve process. They even will tell you on the phone or in their website. My experience is that anyone connected with the primary defendant will cooperate with them/Pepsi. Another issue is damages. Most courts will have the plaintiff prove-up their claim in court by a mini-hearing. Otherwise the damages demanded in the Complaint may be excessive.