Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

Court Refuses to Enforce Forum Selection Clause Requiring Challenge to Insurance Policy Under New York Law to be Heard in Nebraska

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

Potential Statute of Limitations Issues in Foreign Jurisdiction Insufficient Basis for Forum Non Conveniens Motion

Potential Statute of Limitations Issues in Foreign Jurisdiction Insufficient Basis for Forum Non Conveniens Motion

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

Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York

Non-Mutual Forum Selection Clause Did Not Create Jurisdiction over Defendant in New York

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

Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion

Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion

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