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 »
Blogs
Posts Categorized: Jurisdiction
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 »
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 »
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 »
Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 NY Slip Op. 02159, holding that a defendant waived his personal jurisdiction defense by failing to move to dismiss the complaint within 60 days of serving his answer, explaining: In June 2013, the plaintiff commenced this action… Read more »
Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemirovsky v. Brailovskiy, 2018 NY Slip Op. 30432(U), dismissing motions filed after an action was voluntarily discontinued for lack of jurisdiction, explaining: Based upon the review of the parties’ submissions and the record adduced in this matter, it is… Read more »
One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Awasthi v. Dillon, 2018 NY Slip Op. 30366(U), holding that one in-person meeting in New York, along with e-mail and phone communications, was a sufficient basis for asserting personal jurisdiction over a defendant, explaining: Plaintiffs . . …. Read more »
Judge Korman Grants Motion to Dismiss for Lack of Subject Matter Jurisdiction in Action to Enforce Settlement of Prior Federal ERISA Lawsuit
Posted by Solomon N. Klein, Litigation Partner It is often advisable when a case is settled to have the same court retain jurisdiction to enforce the settlement agreement in the event of a breach. However, as illustrated in a decision last week by District Judge Edward R. Korman*, the enforcement of a settlement agreement is… Read more »
Judge Bianco Dismisses Case for Lack of Subject Matter Jurisdiction after Finding That Public Union Was Not a “Mixed” Public/Private Union
District Judge Joseph F. Bianco recently dismissed a putative class action for lack of subject matter jurisdiction under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”). (Medford v. The Civil Serv. Empls. Ass., Local 1000, AFSCME, AFL-CIO, CSEA Local 881, 17-CV-0011 (E.D.N.Y. Dec. 5, 2017) (JFB) (SIL). In doing so, Judge Bianco rejected… Read more »
Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Estate of Kainer v. UBS AG, a Swiss Corp., 2017 NY Slip Op. 32316(U), deciding a forum non conveniens motion without first determining whether the court had jurisdiction over the moving defendant, explaining: As a threshold matter, the… Read more »