Blogs

Posts Categorized: Jurisdiction

Posted: September 5, 2015

Unjust Enrichment Not Predicate Tort for CPLR 302 Jurisdiction Over Co-Conspirator

On August 25, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Norex Petroleum Limted v. Blavatnik, 2015 NY Slip Op. 51280(U), holding that unjust enrichment cannot serve as a predicate tort to establish jurisdiction over a co-conspirator under CPLR 302. In Norex Petroleum, the defendants moved to dismiss on... Read more »

Posted: August 14, 2015

Interpreting Daimler, First Department Enforces Information Subpoena Covering Foreign Subsidiaries

On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega Intl. Commercial Bank Co., Ltd., 2015 NY Slip Op. 06482, holding that a bank registered to do business in New York had to respond to an information subpoena by providing information not just from its New York... Read more »

Posted: May 22, 2015

Contract Negotiated in New York Does Not Support Assertion of Jurisdiction When Claims Are Not for Breach of that Contract

On May 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Stevenson v. AMP Solar Group, Inc., 2015 NY Slip Op. 30771(U), dismissing foreign defendants for lack of personal jurisdiction. In Stevenson, the plaintiff brought claims against a New York resident and several persons and entities located in Canada... Read more »

Posted: May 9, 2015

Court Declines to Exercise Personal Jurisdiction Over Foreign Entities Under Mere Department Doctrine

On April 24, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Cargill Soluciones Empresariales, S.A., de C.V, SOFOM, ENR v. WPHG Mexico Operating, L.L.C., 2015 NY Slip Op. 30713(U), dismissing parties for lack of personal jurisdiction. In Cargill Soluciones Empresariales, the plaintiffs brought an action relating to the management... Read more »

Posted: May 4, 2015

Court Lacks Subject Matter Jurisdiction Under Probate Exception

On April 14, 2015, the Second Circuit issued a decision in Mercer v. Bank of N.Y. Mellon, 14-2955-CV, affirming the dismissal of an action for lack of subject matter jurisdiction under the probate exception. In Mercer, the EDNY dismissed the plaintiffs’ complaint based on the probate exception to federal diversity jurisdiction because the plaintiffs’ claims... Read more »

Posted: April 21, 2015

Negotiation of Contracts in New York Supports Assertion of Personal Jurisdiction Here

On April 14, 2015, the First Department issued a decision in Wilson v. Dantas, 2015 NY Slip Op. 03088, reversing a dismissal for lack of personal jurisdiction. In Wilson, the First Department reversed the trial court’s dismissal of the complaint for lack of personal jurisdiction, explaining: Under New York’s long-arm jurisdiction statute, a court may... Read more »

Posted: February 11, 2015

No Jurisdiction Over Corporate Officers Based on Contract to Which They Were Not Parties

On February 2, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Navitas Group, Inc. v. Cermed Corp., Inc., 2015 NY Slip Op. 30148(U), holding that a contract connected to New York was an insufficient basis to assert personal jurisdiction over persons who were not parties to the contract, explaining:... Read more »

Posted: January 3, 2015

Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York

On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capital, LLC v. Your Trading Room, LLC, 2014 NY Slip Op. 09115, holding that the principal of a corporation who personally guaranteed the corporation’s performance of contractual covenants was bound by the corporation’s consent to jurisdiction in New York in a... Read more »