Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense
Commercial Case Notes / Personal Jurisdiction

Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense

On October 12, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Black, 2022 NY Slip Op. 05732, holding that the appearance of counsel, combined with the defendant’s failure to move to dismiss or plead a defense of lack of personal jurisdiction, waived that defense . . . Continue reading Counsel’s Appearance Plus Failure to Move or Plead Defense Waived Lack of Personal Jurisdiction Defense

Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

On June 14, 2022, the First Department issued a decision in Taxi Medallion Loan Trust III v. Brown Eyes Cab Corp., 2022 NY Slip Op. 03879, holding that an agreement’s recital that it was negotiated, executed, and delivered in New York was sufficient to create personal jurisdiction in New York . . . Continue reading Agreement’s Recital That it Was Negotiated, Executed and Delivered Sufficient to Create New York Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

On May 13, 2022, Justice Cohen of the New York County Commercial Division issued a decision in V6CO LLC v. Business Advocate Law PLLC, 2022 NY Slip Op. 31579(U), holding that the use of a New York bank was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Use of New York Bank Insufficient to Justify Assertion of Personal Jurisdiction

Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction

On April 13, 2022, Justice Crane of the New York County Commercial Division issued a decision in State of Qatar v. First Abu Dhabi Bank PJSC, 2022 NY Slip Op. 22113, holding that submitting FOREX trading quotes to New York-based services was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction

Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction

On December 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Haussmann v. Baumann, 2021 NY Slip Op. 51232(U), holding that engaging New York counsel and investment banks in a deal was an insufficient basis for asserting personal jurisdiction for a claim relating to the deal . . . Continue reading Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction

Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion
Choice of Forum/Forum Non Conveniens / Commercial Case Notes / Personal Jurisdiction

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

Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause
Commercial Case Notes / Contracts / Personal Jurisdiction

Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause

On October 28, 2021, the First Department issued a decision in Oberon Sec., LLC v. Titanic Entertainment Holdings LLC, 2021 NY Slip Op. 05929, holding that the affiliates of a contracting party were bound by the contract’s terms, including its forum selection clause . . . . Continue reading Affiliates of Contracting Party Bound by Contract’s Terms, Including its Forum Selection Clause

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause
Commercial Case Notes / Personal Jurisdiction / Venue

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause

On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meritage Hospitality Group, Inc. v. North Am. Elite Ins. Co., 2021 NY Slip Op. 50700(U), holding that a contract clause submitting to the jurisdiction of the New York courts was not an agreement to venue in any of those courts . . . Continue reading Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause