On November 18, 2025, the First Department issued a decision in Lash v. TDR Capital LLP, 2025 NY Slip Op. 06282, dismissing an action on forum non conveniens grounds because of sparse New York connections . . . Continue reading Action Dismissed on Forum Non Conveniens Grounds Where New York Connection Sparse
On July 31, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Cyberbit, Inc. v. Cloud Range Cyber, LLC, 2025 NY Slip Op. 33078(U), holding that a person who was not a party to an agreement was nonetheless bound by its forum selection clause because of his close relationship to the transaction . . . Continue reading Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in EMC Presents Delphi LLC v. Delphi Studios LLC, 2025 NY Slip Op. 33050(U), holding that a non-signatory was bound by an agreement’s forum selection clause . . . Continue reading Non-Signatory Bound by Agreement’s Forum Selection Clause
On June 3, 2025, the First Department issued a decision in Zhakiyanov v. Ogai, 2025 NY Slip Op. 03294, affirming the dismissal of a suit on forum non conveniens grounds when the main parties on both sides were foreign residents . . . Continue reading Suit Where the Main Parties on Both Sides are Foreign Residents Dismissed on Forum Non Conveniens Grounds
On May 20, 2025, the Court of Appeals issued a decision in Haussmann v. Baumann, 2025 NY Slip Op. 03009, holding that just because one of several plaintiffs was a New York resident did not bar a forum non conveniens motion . . . Continue reading That One of Multiple Plaintiffs is a New York Resident Does Not Bar a Forum Non Conveniens Motion
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
