Posts Categorized: Jurisdiction

Posted: March 10, 2019

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 »

Posted: December 12, 2018

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 »

Posted: October 20, 2018

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 »

Posted: September 18, 2018

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 »

Posted: September 4, 2018

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 »

Posted: July 16, 2018

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 »

Posted: May 11, 2018

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 »

Posted: May 1, 2018

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 »

Posted: April 17, 2018

Judge Hurley Sua Sponte Dismisses Two Cases Involving LLCs For Failure to Allege Diversity Jurisdiction

Posted by Solomon N. Klein, Litigation Partner District Judge Denis R. Hurley sua sponte dismissed two cases in as many days where plaintiffs failed to properly allege diversity jurisdiction in cases involving LLCs. Courtyard Apartments Property 1, LLC, v. Rosenblum, 17-cv-2909 (E.D.N.Y April 3, 2018) (DRH) (SIL); Sienna Ventures, LLC v. Halley Equipment Leasing, LLC,... Read more »

Posted: April 11, 2018

Judge Garaufis Denies Motion to Dismiss and Holds that Taiwan is Not bound to Warsaw Convention despite China’s Accession to the Treaty

Posted by Solomon N. Klein, Litigation Partner In a case of first impression in the Second Circuit, District Judge Nicholas G. Garaufis held that China’s agreement to join the Warsaw Convention does not apply to a dispute involving spoiled cherries shipped from Chile to Taiwan. Allianz Global Risks US Ins. Co. v. Latam Cargo USA,... Read more »