Posts Categorized: Jurisdiction

Posted: January 3, 2021

Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company

On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in SOC LLC v. Perspecta Enter. Solutions, LLC, 2020 NY Slip Op. 34209(U), holding that offering services in New York was an insufficient basis for asserting general jurisdiction over an out-of-state company, explaining: CPLR 3211[a][8] provides that a party... Read more »

Posted: December 21, 2020

Primary Jurisdiction Doctrine Calls for Dismissal of Lawsuit While Administrative Action Pending

On December 9, 2020, the Second Department issued a decision in New York Ind. Contrs. Alliance, Inc. v. Consolidated Edison Co. of N.Y., Inc., 2020 NY Slip Op. 07386, holding that the primary jurisdiction doctrine required the dismissal of a lawsuit while an administrative proceeding was pending, explaining: We agree with the Supreme Court’s determination... Read more »

Posted: June 13, 2020

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 »

Posted: April 26, 2020

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 »

Posted: March 6, 2020

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 »

Posted: March 5, 2020

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 »

Posted: February 26, 2020

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 »