Posts Categorized: Jurisdiction

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 »

Posted: April 5, 2018

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 »

Posted: April 1, 2018

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 »

Posted: March 21, 2018

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 »

Posted: March 5, 2018

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 »

Posted: January 4, 2018

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 »

Posted: November 12, 2017

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 »

Posted: October 24, 2017

Action Dismissed for Failure Timely to Serve Complaint

On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 E. 4th St. Housing Development Fund Corp., 2017 NY Slip Op. 07086, holding that an action properly was dismissed for failure timely to serve the complaint on the defendant, explaining: Supreme Court correctly dismissed the complaint for lack... Read more »

Posted: October 17, 2017

Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York

On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Slip Op. 07091, affirming a holding that foreign defendants were not subject to personal jurisdiction in New York, explaining: Initially, petitioner failed to establish that New York courts have personal jurisdiction over the Essel Group and the... Read more »