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Posts Categorized: Jurisdiction

Posted: October 14, 2014

Non-Signatory May Be Bound by a Contract’s Forum Selection Clause

On October 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Taberna Preferred Funding II, Ltd. v. Advance Realty Group LLC, 2014 NY Slip Op. 51461(U), analyzing the question of whether the court had personal jurisdiction over defendants. One issue addressed by the court in Taberna Preferred Funding was... Read more »

Posted: September 24, 2014

New York does not Follow the “Fiduciary Shield” Doctrine, so Corporate Officers’ Actions on Behalf of a Company can Form the Basis for Personal Jurisdiction over the Officer

On September 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Interventure 77 Hudson LLC v. Falcon Real Estate Investment Co. LP, 2014 NY Slip Op. 32401(U), denying a motion to dismiss. In Interventure 77 Hudson, the underlying dispute concerns alleged mismanagement of a real estate portfolio. However, the... Read more »

Posted: August 2, 2014

No Personal Jurisdiction Based on Solicitation of Business in State Without More

On July 30, 2014, the Second Department issued a decision in Mejia-Haffner v. Killington, Ltd., 2014 NY Slip Op. 05522, affirming a dismissal for lack of personal jurisdiction. In Mejia-Haffner, the plaintiffs sued a Vermont ski resort in Queens County. Even though the resort advertised in New York, the Second Department affirmed the dismissal for lack... Read more »

Posted: July 1, 2014

Probate Exception Does Not Bar RICO Claims

On June 27, 2014, the Second Circuit issued a decision in Leskinen v. Halsey, 13-1157-CV, limiting the application of the probate exception to federal jurisdiction. In Leskinen, the EDNY dismissed a plaintiff’s RICO and related state-law claims against “various relatives and other participants in the sale of real property once owned by her late grandmother,” holding “that the... Read more »

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 »