News & Analysis as of

Personal Jurisdiction Commercial Court

Rivkin Radler LLP

CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive

Rivkin Radler LLP on

CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Finds Work Performed by Subcontractor in New York Insufficient To Establish Personal Jurisdiction Over Prime...

In December 2020, the Suffolk County Supreme Court decided a novel question of personal jurisdiction law in Black Diamond Aviation Group LLC v. Spirit Avionics, Ltd. Justice James Hudson determined that personal jurisdiction...more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Provides a Primer to the Myriad of Potential Issues Associated with Collecting A Judgment...

On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that WTC alleged to be alter egos of an...more

Farrell Fritz, P.C.

Commercial Division Says, “Nope, Not Enough” When Using Local Counsel to Establish Personal Jurisdiction

Farrell Fritz, P.C. on

Commercial transactions often involve parties from different states.  When a dispute arises between diverse parties, the question of whether a party can obtain personal jurisdiction over a defendant becomes critical.  This...more

Jones Day

New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

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Over the last decade, the U.S. Supreme Court has significantly restricted when courts can assert general personal jurisdiction over defendants, i.e., jurisdiction in lawsuits that do not arise out of or relate to the...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Farrell Fritz, P.C.

Court Has Mercy, Allows Untimely Proof of Service

Farrell Fritz, P.C. on

In law, as in life, mistakes happen. Some are irreparable: Statute of repose expired? Too much denim? In these circumstances, the law affords the court no discretion for mercy....more

Farrell Fritz, P.C.

Personal Jurisdiction Over Japanese Airplane Entities Does Not Fly in New York County

Farrell Fritz, P.C. on

In a recent decision, Justice Scarpulla of the New York County Commercial Division declined to exercise personal jurisdiction over several Japanese entities, and even imposed sanctions on the plaintiff for attempting to...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Finds Jurisdiction over Foreign Defendant on an Alter Ego Theory in Estate’s Action to Recover Painting...

In a decision issued last month in Gowen v. Helly Nahmad Gallery, Inc., No. 650646/2014, 2018 NY Slip Op 28142, 2018 BL 164601, Commercial Division Justice Eileen Bransten found personal jurisdiction over foreign defendants...more

Farrell Fritz, P.C.

Action to Recover Amadeo Modigliani Painting Stolen by Nazis Survives Dismissal Due in Part to Alter Ego Finding

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Over eighty years after the end of World War II, crimes committed by the Nazis continue to be redressed, including in our very own Commercial Division. ...more

Patterson Belknap Webb & Tyler LLP

Top 10 New York Commercial Division Cases and Developments of 2017

In 2017, the New York Commercial Division continued to implement new rules and refine existing rules in order to streamline litigation in the court. The year also saw some key decisions by the Commercial Division as well as...more

Farrell Fritz, P.C.

Jurisdictional Discovery: When and Why It’s Available

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Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International...more

Patterson Belknap Webb & Tyler LLP

Investor’s Relocation to New York after Structuring a Financing Deal in Hong Kong Does Not Provide a Basis for Suit Against Swiss...

In Ace Decade Holdings Ltd. v. UBS AG, No. 653316/2015, 2016 BL 413780 (N.Y. Sup. Ct. Dec. 7, 2016), Justice Eileen Bransten of the Commercial Division dismissed a $500 million fraud suit brought by an investment holding...more

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