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Posts Categorized: Jurisdiction

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 »

Posted: December 29, 2014

Second Circuit Affirms Dismissal on Rooker-Feldman Grounds

On December 18, 2014, the Second Circuit issued a decision in Canning v. Administration for Children’s Services, Queens, 13-4047-CV, affirming the dismissal of a lawsuit in the EDNY for lack of subject matter jurisdiction based on the Rooker-Feldman doctrine. In Canning, the plaintiffs brought an action in the EDNY challenging the constitutionality of a decision... Read more »

Posted: December 27, 2014

Personal Jurisdiction Adequately Alleged Where There Was a Factual Showing that Out-of-State Defendants Conspired with In-State Defendant

On December 15, 2014, Justice Friedman of the New York County Commercial Division issued a decision in BGC Partners, Inc. v. Avison Young (Canada) Inc., 2014 NY Slip Op. 51774(U), holding that a plaintiff had adequately alleged personal jurisdiction over out-of-state defendants based on the in-state actions of co-conspirators. In BGC Partners, the plaintiffs sued... Read more »

Posted: December 24, 2014

Limits on Foreign Corporations’ Ability to Create Jurisdiction by Consent in New York

On December 23, 2014, the First Department issued a decision in Techo-TM, LLC v. Fireaway, Inc., 2014 NY Slip Op. 08908, holding that a New York court could not exercise long-arm jurisdiction over two foreign corporations based only on the parties’ consent to that jurisdiction. Business Corporations Law 1314(b) provides that: (b) Except as otherwise... Read more »

Posted: November 23, 2014

Out-of-State Medical Practice not Subject to Personal Jurisdiction in New York Based on Passive Website and Communications Initiated by the Plaintiff

On November 20, 2014, the Court of Appeals issued a decision in Paterno v. Laser Spine Inst., 2014 NY Slip Op. 08054, analyzing whether contacts with New York via the Internet were sufficient to create personal jurisdiction. In Paterno, the plaintiff brought a medical malpractice action against a Florida medical provider. The court described the... Read more »

Posted: November 10, 2014

Defendants’ Indirect Connections to New York Insufficient to Establish Personal Jurisdiction

On November 6, 2014, the First Department issued a decision in Bluewaters Communications Holdings, LLC v. Ecclestone, 2014 NY Slip Op. 07600, affirming a trial court’s dismissal of foreign defendants for lack of personal jurisdiction. In Bluewaters Communications Holding, the First Department affirmed the holding that there was not jurisdiction over defendants in New York,... Read more »

Posted: November 6, 2014

Forum Selection Clause Not Enforced When Neither Parties Nor Agreement Connected to Chosen Forum

On November 5, 2014, the Second Department issued a decision in U.S. Merchandise, Inc. v L&R Distributors, Inc., 2014 NY Slip Op. 07495, refusing to enforce a forum selection clause. In U.S. Merchandise, the Second Department reversed a trial court decision dismissing an action because the parties’ contract contained a forum selection clause providing for... Read more »