On August 24, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Beijing Pangu Inv. Co., Ltd. v. Alibaba Group, Inc., 2020 NY Slip Op. 32747(U), dismissing a claim arising from events in China for lack of personal jurisdiction, explaining: Briefly stated, defendant BBMG is neither subject to general nor... Read more »
Blogs
Posts Categorized: Jurisdiction
Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Setter Capital, Inc. v. Chateauvert, 2020 NY Slip Op. 20199, holding that a forum selection clause in a personal services contract was not enforceable, explaining: As a threshold issue, there is a question as to whether this court... Read more »
Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. Jewlry PTE. LTD. v. TJC Jewelry, Inc., 2020 NY Slip Op. 32153(U), holding that defendants were subject to personal jurisdiction in New York based on the actions of their agents, explaining: On a motion to dismiss for... Read more »
If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip Op. 03045, holding that if a court had no jurisdiction to enter judgment, the payment of that judgment did not extinguish the judgment and so the judgment could be vacated, explaining: In 2011, the plaintiff commenced the... Read more »
Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Access Advantage Master, Ltd. v. Alpha Prime Fund Ltd., 2020 NY Slip Op. 30932(U), holding that acts in New York are an insufficient basis for asserting personal jurisdiction when the plaintiff’s claim is not based on those acts,... Read more »
Judge Kuntz Remands Personal Injury Action After Adopting Magistrate Judge Mann’s R&R Finding That Defendants Failed to Establish Amount in Controversy Threshold
Posted by Solomon N. Klein, Litigation Partner Judge William F. Kuntz, II, recently overruled defendants’ objections to the Report and Recommendation issued by Magistrate Judge Roanne L. Mann, and remanded a personal injury action for lacking the amount in controversy threshold in diversity actions. Daversa v. Cowan Equipment Leasing, LLC, 20-CV-163 (E.D.N.Y. Feb. 28, 2020)... Read more »
New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement’s Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op. 01463, holding that New York courts have jurisdiction to decide derivative actions regarding entities whose operating agreements are governed by Delaware law, explaining: Contrary to defendants’ contention, New York courts have subject matter jurisdiction over the... Read more »
Judge Garaufis Updates Individual Rules (Description of Changes Below)
Posted by Solomon N. Klein, Litigation Partner Judge Nicholas G. Garaufis has updated his Individual Rules. As a service to practitioners that are already familiar with the Judge’s rules, below are the changes of note. ♦ Only counsel of record familiar with the case may appear (no per diem counsel permitted). (Rule III.) ♦ Sentencing... Read more »
Plaintiff Sufficiently Alleges Jurisdiction Over Foreign Defendant That Did Not Travel to New York
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in My Size, Inc. v. North Empire LLC, 2020 NY Slip Op. 30276(U), holding that a plaintiff had sufficiently alleged jurisdiction over a defendant that had not traveled to New York, explaining: While conceding that this court lacks general... Read more »
Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Satterfield v. Vstock Transfer, LLC, 2019 NY Slip Op. 33279(U), holding that moving to dismiss for failure to serve a complaint did not waive the right later to move to dismiss for lack of jurisdiction, explaining: Preliminarily, Capital... Read more »