2. Personal Jurisdiction

Question 1

What kind of jurisdiction will a Plaintiff need if he seeks a judgment for money damages?

Answer 1

Personal Jurisdiction

Question 2

What are the potential basis’ for personal jurisdiction?

Answer 2

1. Presence of the Defendant in NY
2. Defendant is doing business in NY
3. Defendant is domiciled in NY
4. Long-arm jurisdiction
5. Non-resident motorist statute
6. Consent

Question 3

What does general personal jurisdiction mean?

Answer 3

There is no need for the cause of action to be related to NY

Question 4

What is specific jurisdiction?

Answer 4

The cause of action must be related to NY

Question 5

What three potential basis of jurisdiction are general?

Answer 5

1. Presence of the Defendant in NY
2. Defendant is doing business in NY
3. Defendant is domiciled in NY

Question 6

What is required for personal jurisdiction based upon presence of the Defendant?

Answer 6

Personal delivery on the Defendant while he is physically present in NY

Question 7

How may the presence doctrine of personal jurisdiction be applied to corporations?

Answer 7

1. If the corporation is incorporated in NY
2. If it is licensed to do business in NY
3. If the corporation is actually doing business in NY

Question 8

How do you get personal jurisdiction over an unlicensed foreign corporation?

Answer 8

If the corporation is actually doing business in NY

Question 9

How does NY measure “doing business in NY?”

Answer 9

If, at the time the action is commenced, the corporation’s agents or employees are in NY engaging in commercial activity in a regular, systematic, and ongoing manner, and if those activities are continuous, and of substantial quantity.

Question 10

If a corporation is advertising in NY, does that mean that it is “doing business” in NY?

Answer 10

No

Question 11

If a corporation is having its products sold in NY through independent retailers, does that mean that it is “doing business” in NY?

Answer 11

No

Question 12

If a corporation is doing business in NY, where may process be served?

Answer 12

Either inside or outside NY

Question 13

How do you prove domicile in NY?

Answer 13

If the defendant is a domiciliary in NY at the time the action is commenced

Question 14

Where may you serve process on a NY domiciliary?

Answer 14

Anywhere in the United States

Question 15

What is a residence?

Answer 15

A residence is a place where a person lives for a fair amount of time, with some degree of permanency.

Question 16

May a person have more than one residence?

Answer 16

Yes

Question 17

What is a domicile?

Answer 17

The one residence at which a person intends to remain indefinitely, and is treated by him or her as the principal home.

Question 18

May a person have more than one domicile?

Answer 18

No

Question 19

What is required for long-arm jurisdiction?

Answer 19

The Plaintiff’s cause of action must be specifically related to some act by the Defendant that has a connection to NY.

Question 20

What is the long-arm statute in NY?

Answer 20

CPLR 302

Question 21

What specific types of NY-related activity are listed in NY’s long-arm statute?

Answer 21

1. If the Plaintiff’s claim arises out of the Defendant’s transaction of business in NY (one single business transaction)
2. Where Plaintiffs claim arises out of a contract made outside NY, in which the Defendant agreed to supply goods or services inside NY.
3. A cause of action on the defendant’s commission of a tortious act in NY
4. The cause of action is based on a tortious act outside NY, which causes injury within NY. In addition, there must be some additional link between the Defendant and NY.
5. A claim arising from the Defendant’s ownership, use, or possession of real property in NY

Question 22

An out of state buyer makes a telephone call to a NY seller to order some goods. The NY seller ships the goods to the out of state buyer. The buyer then refuses to make payments. On those facts, does the NY seller have long-arm jurisdiction over the buyer for non-payment?

Answer 22

No. A simple one shot telephone order from an out-of-state buyer does not qualify as a transaction of business in NY by the buyer.

Question 23

Does an agreement to pay money qualify as an agreement to supply goods or services?

Answer 23

No

Question 24

When the cause of action is based on a tortious act outside NY, which causes injury within NY, what are the three acceptable forms of the required additional link between the Defendant and NY?

Answer 24

1. If the Defendant is regularly soliciting business in NY
2. If the Defendant is deriving substantial revenue from the sale of goods or services inside NY
3. Defendant is deriving substantial revenue from interstate commerce in which the Defendant is making a purposeful effort to participate in the NY market.

Question 25

Does the long-arm statute apply to corporations?

Answer 25

Yes

Question 26

Can the acts that give rise to the long-arm jurisdiction be performed by one’s agent or employee?

Answer 26

Yes. The agent’s acts will subject both the agent and the principle to long-arm jurisdiction

Question 27

What if the defendant under the long-arm jurisdiction dies?

Answer 27

If the long-arm defendant is a natural person who dies, personal jurisdiction is still available over the executor or administrator.

Question 28

How do you satisfy Due Process for long-arm jurisdiction

Answer 28

Due Process is satisfied if the Plaintiff’s claim arises out of conduct by the Defendant that is so purposefully directed toward the forum state that the Defendant should reasonably foresee being hailed into its courts.

Question 29

What is the non-resident motorist statute?

Answer 29

It confers personal jurisdiction over an out-of-state driver or owner of a motor vehicle for claims arising out from an accident that took place in NY.

Question 30

Two unique features of the non-resident motorist statute from long-arm jurisdiction:

Answer 30

1. The plaintiff, if suing for injuries under the non-resident motorist statute, is given a unique method of serving process. She can serve one copy of process on the NY Secretary of State, because it is deemed to be the implied agent of the non-resident motorist, and another copy, by certified mail, to the non-resident motorist at his out-of-state residence.
2. It is not limited to the non-resident driver: it gives you jurisdiction over the non-resident owner if the car was being driven in NY with the owner’s permission.

Question 31

When does consent to personal jurisdiction usually arise?

Answer 31

Under the terms of a contract under a forum selection clause