Blogs

Posts Categorized: Jurisdiction

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 »

Posted: February 22, 2020

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 »

Posted: November 19, 2019

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 »

Posted: August 12, 2019

Attorney’s Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction

On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 2019 NY Slip Op. 06081, holding that an attorney’s appearance has the same effect as an answer for purposes of challenging jurisdicsion, explaining: Pursuant to CPLR 320(a), a defendant appears by serving an answer or a notice of appearance,... Read more »

Posted: May 22, 2019

Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction

On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Poms v. Dominion Diamond Corp., 2019 NY Slip Op. 31364(U), holding that being listed on the New York Stock Exchange is insufficient to create personal jurisdiction in New York, explaining: Under CPLR 302(a)(l), jurisdiction may only be exercised over... Read more »

Posted: April 5, 2019

Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action

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 »

Posted: April 1, 2019

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 »

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 »