International Environmental Management v. United Corporate Services

Although IEM changed registered agents, hiring CT and terminating UCS, a change of registered agent form was not filed with the Secretary of State. A default judgment was subsequently entered against IEM after a process server delivered a summons and petition against IEM to UCS as a registered agent. IEM then filed suit against UCS and CT. The district court granted UCS's motion to dismiss and denied CT's motion to dismiss. The Eighth Circuit held that the complaint stated a plausible claim for breach of a fiduciary duty. Because UCS's status as IEM's statutory registered agent had not been revoked when UCS accepted the summons and petitions, UCS was still subject to this limited fiduciary duty. Therefore, the court reversed as to the breach of fiduciary duty claim, but affirmed in all other respects. View "International Environmental Management v. United Corporate Services" on Justia Law