On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY Slip Op. 02319, holding that a defendant waived his personal jurisdiction defense by engaging in significant activity in a lawsuit, explaining: A defendant may waive the issue of lack of personal jurisdiction by appearing in an action,... Read more »
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Posts Categorized: Jurisdiction
Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in AM Pitt Hotel, LLC v. 400 5th Ave., L.P., 2019 NY Slip Op. 30665(U), holding that a single, pre-contract meeting and telephone and e-mail communications were insufficient to create personal jurisdiction in New York, explaining: Plaintiff does not assert... Read more »
Defendant Waived Lack of Personal Jurisdiction Defense By Bringing Earlier, Related Action
On February 19, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Magomedov v. Lebedev, 2019 NY Slip Op. 30378(U), holding that a defendant waived his defense of lack of personal jurisdiction by bringing an earlier, related action, explaining: Lebedev first argues that this action should be dismissed against him because... Read more »
Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Garcia v Banco BCT S.A., 2018 NY Slip Op. 32989(U), holding that the court lacked subject matter jurisdiction over a non-resident’s claim against a foreign bank, explaining: Banking Law section 200-g provides that: 2. Except as otherwise provided in... Read more »
Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ezra v. Wilton Group Inc., 2018 NY Slip Op. 32491(U), holding that the allegation that a defendant rendered a New York business insolvent through a fraudulent transfer was sufficient to establish personal jurisdiction over the defendant, explaining: On a... Read more »
No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in National Coll. Master Student Loan Trust I v. Wilmington Trust Co., 2018 NY Slip Op. 32194(U), holding that the court lacked personal jurisdiction over a the trustee of a student loan trust that engaged New York counsel, explaining: Under CPLR 302(a)(l),... Read more »
Recent Rulings By Judges Johnson And Feuerstein Highlight The Jurisdictional Pitfalls When Removing Personal Injury Cases Based On Diversity
Posted by Solomon N. Klein, Litigation Partner Two rulings on the same day by District Judges Sterling Johnson and Sandra J. Feuerstein highlight the jurisdictional difficulties that can arise when removing personal injury cases to federal court on diversity grounds. Rita Alvarado v. New England Motor Freight, Inc. et al., 18 CV 2027 (E.D.N.Y. Aug.... Read more »
No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op. 04958, holding that there was no personal jurisdiction over a defendant where the critical events of a claim did not take place in New York, explaining: A plaintiff relying on CPLR 302(a)(3)(ii) must show that... Read more »
Judge Hurley Continues Sua Sponte Dismissals Of Cases Involving LLCs That Fail To Properly Plead Diversity Jurisdiction
Posted by Solomon N. Klein, Litigation Partner We previously wrote about District Judge Denis R. Hurley’s sua sponte dismissal of cases involving LLCs that fail to properly plead diversity jurisdiction. Judge Hurley has recently dismissed yet another case involving an LLC for lack of subject matter jurisdiction. Encompass Group, LLC v. Oceanside Inst’l Indus., Inc.,... Read more »
First Department Reaffirms Doctrine of Personal Jurisdiction Based on Acts of Co-Conspirators
On April 26, 2018, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v. Weston Capital Management LLC, 2018 NY Slip Op. 02903, reaffirming the doctrine of personal jurisdiction based on the acts of co-conspirators, explaining: The Supreme Court properly concluded that defendants are subject to jurisdiction under New York’s long-arm statute... Read more »