Basis of Jurisdiction over D Flashcards
Six bases of personal jurisdiction, which six fall into two types of jurisdiction.
- General Jurisdiction (does not matter where claim arose):
a. Presence in NY
b. Doing Business in NY
c. Domicile in NY - Specific Jurisdiction (claim must be specific to LI’s NY activity or within terms of contract):
d. Long-Arm Jurisdiction
e. Non-Resident Motorist Statute
f. Consent
Personal jurisdiction over D while D is present in NY requires
physical presence of D within state while D was served with process (even if claim has nothing to do with NY)
“Doing business in NY” jurisdictional rule for suing corps: Test for doing business in NY (applicable to unlicensed foreign corps). How do you serve process on foreign unlicensed corp doing business in NY?
- Can sue domestic corp or licensed foreign corp.
- Unlicensed foreign corp can be sued if passing doing business in NY test: P must show D’s employees or agents are 1. in NY, 2. engaging in comm. activity; 3. for the corp; 4. on a REGULAR, SYSTEMATIC, AND ONGOING BASIS. An office, warehouse, or physical facility w/ employees coming and going is sufficient for NY. ==> Then you can provide notice anywhere in country or to NY SOS.
Exceptions/limitations that do not count as a foreign, unlicensed corp “doing business in NY”? 3 examples/limitations
NOT DOING BUS IN NY if foreign unlisenced corp:
- Mere sales of corp’s products in NY
- Mere advertising in NY
- Mere transient presence of corp. officer in NY.
For suing on “doing bus in NY” jurisdiction, must claim be based on action in NY?
No. If it’s doing bus in NY, then there’s PJ based on presence, so there’s general jurisdiction. You don’t need the event to occur in NY for corp that is doing bus in NY.
If cause of action is in NY, do you need to show foreign corp is doing bus in NY?
Generally no. If the event occurs in NY, you have LONG-ARM JURISDICTION, so no need for doing bus in NY.
Domicile jurisdiction def:
D who is domiciliary of NY at time action commences, then there is general PJ over D, so you can sue D on any claim in NY no matter where the claim arose and no matter if they’re outside of NY at the time.
Difference b/t domicile and residence in NY
Residence: You live there a fair amount of time w/ some degree of permanency. YOU CAN HAVE MULTIPLE RESIDENCES.
Domicile: ONLY ONE DOMICILE – principal residence where you plan to be indefinitely
Specific jurisdiction is relevant when?
When jurisdiction where event occurs is key
Long-arm jurisdiction def? Proviso?
Allows for out of state service conferring PJ based on certain acts by D that D has done in NY PROVIDED THAT P’S CoA ARISES FROM THOSE ACTS.
Does it matter where the claim arose for doing business or presence jurisdiction?
No. Only for long-arm jurisdiction.
5 NY-related activities that give P long-arm jurisdiction if P’s claim arises out of D’s action in NY
- TRANSACTION OF BUS by D in NY (even a single transaction or substantial negotiation is enough; also e-mail/phone can count for big K + lots of communication);
- K where D agrees to supply GOODS OR SERVICES in NY of subst econ value (one-shot purch by out-of-state buyer not enough to bring buyer to NY);
- For TORT: If P’s claim arises from D’s TORTIOUS ACT IN NY.
- For TORT: If P’s claim arises from D’s tortious act outside NY CAUSING INJURY IN NY (product liability injury in NY) PLUS some additional link b/t D and NY (a. D regularly solicits/does bus in NY; b. D gets subst rev. from NY; or c. D can foresee NY consequences & purposely participates in NY commercial activity.)
- Claim based on D’s use, ownership, or possession of REAL PROPERTY in NY (e.g., breach of K to sell NY R/E)
Can long-arm jurisdiction bring someone to NY for defamation of NY’ers?
No. Defamation isn’t sufficient for jurisdiction on the basis of tortious long-arm jurisdiction. Too much publishing/media in NY – NY didn’t want you too many cases.
Three-step approach to essay about jurisdiction?
- Is there basis for general jur in NY? (Presence, doing business, or domicile?)
- One or more bases of long-arm jur? (Trans bus, goods or services, tort, or R/E?)
- Satisfies Const due process? Claim based on conduct by D that’s purposefully directed toward NY s.t. D should reasonably anticipate being sued in NY for conduct.
Non-resident motorist statute: 1. Def? 2. Service of process? 3. Applies to driver plus ____?
- PJ over non-domiciliary’s accident on NY road.
- Serve 1 copy of process on NY SOS and sending 1 copy by certified mail to D’s domicile.
- PJ over DRIVER and OWNER who gave permission to driver (vicarious liability over owner).
