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Posts Categorized: Jurisdiction

Posted: May 30, 2014

Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment

On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad Trading, 2014 NY Slip Op. 03767, holding that lack of personal jurisdiction is not a defense to an action to domesticate a foreign judgment. In Abu Dhabi Commercial Bank, the plaintiff sought to “domesticate and enforce” the judgment... Read more »

Posted: May 25, 2014

Forum Selection Clause Enforceable Absent Fraud or Overreaching

On May 13, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in U.S. Corrugated, Inc. v. Scott, 2014 NY Slip Op. 31287(U), refusing to dismiss an action for lack of jurisdiction where the defendant agreed to the non-exclusive jurisdiction of the New York courts. In U.S. Corrugated, the defendant guaranteed... Read more »

Posted: April 22, 2014

Website, Without More, Insufficient to Create Personal Jurisdiction in New York

On April 7, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Steinmetz v. Energy Automation Systems, Inc., 2014 NY Slip Op. 50566(U), analyzing the jurisdictional implications of having a website. In Steinmetz, the trial court decided motions to dismiss by two Better Business Bureau entities. Part of its analysis included... Read more »

Posted: March 12, 2014

Court Retains Jurisdiction Over Child Custody Dispute Involving A Parent Leaving The Federal Witness Protection Program

The domestic relations exception to diversity jurisdiction, which divests federal courts of power to issue divorce, alimony, and child custody decrees, is generally well-known.  But the Witness Security Reform Act of 1984 (the “Program Statute”), which deals with the federal witness protection program, creates a rare exception to the exception by expressly creating a right... Read more »

Posted: February 25, 2014

Foreign Default Judgment Enforceable in New York Even if the Foreign Court Did Not Have Personal Jurisdiction over Defendant Where Defendant Consented to Jurisdiction

On February 25, 2014, the Court of Appeals issued a decision in Landauer Ltd. v. Joe Monani Fish Co., Inc., 2014 NY Slip Op. 01263, holding a foreign default judgment enforceable in New York even though the foreign court did not have personal jurisdiction over the defendant, because the defendant had consented to jurisdiction and had actual... Read more »

Posted: February 18, 2014

Case Against New Jersey Defendants Dismissed for Lack of Personal Jurisdiction

On February 18, 2014, the First Department issued a decision in SunLight General Capital LLC v. CJS Investments Inc., 2014 NY Slip Op. 01118, affirming a dismissal for lack of personal jurisdiction. In SunLight General Capital, the defendants, “CJS” and “Clean Solar,” were “New Jersey entities, with offices and employees located solely within the State of New Jersey, and... Read more »

Posted: January 27, 2014

Ties to New York Bank Found Insufficient to Create General Jurisdiction

On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in Industrias De Papel R. Remenzoni S.A. v. Banco De Investimentos Credit Suisse (Brasil) S.A., 2014 NY Slip Op. 30074(U), addressing a variety of jurisdictional and forum non conveniens arguments on a motion to dismiss. In Industrias De Papel, the plaintiff, a Brazilian... Read more »

Posted: January 18, 2014

Second Circuit Asks Court of Appeals to Clarify Application of “Separate Entity Rule” to Post-Judgment Enforcement Proceedings

On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., and Motorola Credit Corp. v. Standard Chartered Bank, the Second Circuit certified questions to the New York Court of Appeals concerning the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52. Under a long-standing judge-made... Read more »

Posted: November 23, 2013

Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed

On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Slip Op. 07708, illustrating the liberal standard applied to jurisdictional claims prior to discovery. In Goel, the plaintiffs alleged that there was jurisdiction over a foreign defendant because it was a “mere department of” its US parent. The Second... Read more »