On July 23, 2024, Justice Masley of the New York County Commercial Division issued a decision in Feld v. Viceroy Devices Corp., 2024 NY Slip Op. 32583(U), holding that a defendant waived the right to rely on a forum selection clause by participating in an action . . . Continue reading Defendant Waived Right to Rely on Forum Selection Clause By Participating in Action
On July 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in BG Atl., Inc. v. Hay Hill Invs. Ltd., 2024 NY Slip Op. 32438(U), holding rejecting a narrow interpretation of a forum selection clause . . . Continue reading Court Rejects Narrow Reading of Forum Selection Clause
On June 18, 2024, Justice Chan of the New York County Commercial Division issued a decision in United Acquisition Corp. v. MedCap Growth Equity Fund I, LP, 2024 NY Slip Op. 32115(U), holding that fraudulent inducement claims did not invalidate a contract’s forum selection clause . . . Continue reading Fraudulent Inducement Claims Do Not Invalidate Forum Selection Clause
On April 17, 2024, the Second Department issued a decision in Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc., 2024 NY Slip Op. 02032, refusing to enforce a forum selection clause requiring a challenge to an insurance policy under New York law to be heard in Nebraska . . . Continue reading Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska
On March 26, 2024, the First Department issued a decision in Barzilai v. Israel Museum, 2024 NY Slip Op. 01669, holding that potential statute of limitations issues in a foreign jurisdiction was an insufficient basis for a forum non conveniens motion . . . Continue reading Potential Statute of Limitations Issues in Foreign Jurisdiction Insufficient Basis for Forum Non Conveniens Motion
On January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in LVH Global, Inc. v. Benesh, 2024 NY Slip Op. 30169(U), holding that GOL §§ 5-1401 and 5-1402 do not bar enforcement of a forum selection clause . . . Continue reading GOL §§ 5-1401 and 5-1402 Do Not Bar Enforcement of Forum Selection Clause
On September 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Mancini Earth & Pipe LLC v. Seamless Capital Group, LLC, 2023 NY Slip Op. 33250(U), holding that a non-mutual forum selection clause did not create jurisdiction over a defendant in New York . . . Continue reading Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York
On April 11, 2023, the First Department issued a decision in Cortland St. Recovery Corp. v. Bonderman, 2023 NY Slip Op. 01862, holding that New York was not an inconvenient forum even though most of the events at issue took place overseas . . . Continue reading New York Not an Inconvenient Forum Even Though Most Events Took Place Overseas
On December 16, 2021, the Court of Appeals issued a decision in Estate of Kainer v. UBS AG, 2021 NY Slip Op. 07056, holding that a court need not consider whether it has personal jurisdiction over a defendant before deciding a forum non conveniens motion . . . Continue reading Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion
