Jurisdiction Over the Particular Case: Personal Jurisdiction

Question 1

What are the three types of defendant over whom NY courts have general jurisdiction?

Answer 1

1. D’s physical presence in NY
2. D doing business in NY
3. D is domiciled in NY

Question 2

What are the three types of defendants over whom NY court have only specific jurisdiction?

Answer 2

1. PJ by long-arm statute
2. PJ by non-resident motorist statute
3. PJ by consent

Question 3

If D is physically present in NY for any reason, and is served personally during that time - do NY courts have PJ?

Answer 3

Yes - no matter why D is in NY.

NY will have general jurisdiction over the case.

Question 4

If D is an Ohio resident and is visiting in NY with his family on vacation, can P personally serve him in NY and drag him into court in NY even though the claim also arose in Ohio?

Answer 4

Yes - D’s physical presence in NY while getting served gives NY courts general jurisdiction over the case.

Question 5

When is a corporation deemed always “present” in NY?

Answer 5

Corps incorporated in NY (domestic) and foreign corporations authorized to do business in NY.

Question 6

How can the court get general jurisdiction over a foreign corporation not authorized to do business in NY?

Answer 6

By meeting the “doing business in NY test.”

Question 7

What is the test for doing business in NY?

Answer 7

P must show that the corp’s employees or agents are engaging in commercial activity in NY on a regular, systematic, or ongoing basis.

Question 8

If the company is selling products in NY (i.e. at Duane Reades) - is it doing business in NY?

Answer 8

No - mere sales of a corporation’s products in NY do not amount to “doing business.”

Question 9

If the company is advertising in NY, is it doing business in NY?

Answer 9

No - mere advertising in NY is not “doing business.”

Question 10

If a corporate officer is in NY for a conference, and is served while in NY - is that sufficient service?

Answer 10

No - mere transient presence of a corporate officer in NY at the time of service is not sufficient to serve the corp - and does not make the corp “doing business.”

Question 11

If the cause of action arose in NY - does P have to show that the foreign corporation defendant was doing business in NY to get PJ?

Answer 11

No - if the claim arose in NY, that will likely be sufficient to trigger the long-arm statute. If that’s the case - you’ll have specific jurisdiction and won’t need to analyze the “doing business” standard.

Question 12

If the court has general jurisdiction over the person or entity, do they still have to be served in NY?

Answer 12

No - they can be served anywhere in the US no matter where in the world the claim arose.

Question 13

What are the 5 categories of Long-Arm Jurisdiction?

Answer 13

P’s claim arises out of:

1. a transaction in NY
2. a contract transacted anywhere by which D agreed to supply goods/services in NY.
3. D’s tortious conduct in NY
4. D’s tortious conduct outside of NY that causes injury to P in NY.
5. D’s ownership, use, or possession of real property in NY.

Question 14

What is the due process test for long-arm jurisdiction?

Answer 14

DP is satisfied if the claim arose out of D’s conduct that was so purposefully directed towards NY that D should reasonably anticipate being sued in NY.

Question 15

If P negotiates a contract with D in NY but signs the contract in LA, is there long-arm jurisdiction for a claim that D breached the contract?

Answer 15

Yes - negotiating a contract in NY is enough to qualify as a “transaction in NY.”

Question 16

If D, from London, sent P, in NY, hundreds of emails and documents over a few years but never stepped foot in NY, is there long-arm jurisdiction?

Answer 16

Yes - sending hundreds of documents and emails to someone in NY is sufficient for a “transaction in NY.” But - sending one or a couple emails probably would not be.

Question 17

If P [NY] and D [MN] contracted to have D come to NY to give a live concert in Central Park and D breaches that contract (though never stepped foot in NY), is there long arm jurisdiction?

Answer 17

Yes - agreeing to do economically significant services in NY is enough to trigger long-arm jurisdiction.

Question 18

If P [NY] and D [CO] enter into a sales contract where D was the buyer and was to pay P (who is in NY) for the goods, is there long arm JD if D breaches?

Answer 18

No - agreeing to pay money in NY is not sufficient to trigger the long arm statute.

Question 19

If D is driving negligently in NY and causes injury to P, but D is a North Dakota resident - is there long-arm jurisdiction?

Answer 19

Yes - committing a tort while physically present in NY is sufficient to trigger long-arm jurisdiction.

Question 20

If D is a Wisconsin manufacturing company and P is injured by one of their products in NY, is there long-arm jurisdiction?

Answer 20

On these facts alone, no.

P must be injured in NY and D has an additional link to NY.

Question 21

What are the possible additional links to NY to get long-arm JD over someone whose tortious conduct injured P in NY?

Answer 21

1. D regularly solicits business in NY
2. D gets substantial revenue from goods used, consumed, or services rendered in NY
3. D expects or should expect his tortious acts to have consequences in NY + D derives substantial revenue from interstate or international commerce that purposefully includes NY.

Question 22

Can doctors who are internationally sought-after qualify as deriving substantial revenue from interstate or international commerce?

Answer 22

No - doctors are considered inherently local no matter how famous and sought-after they are.

Question 23

Is there long arm jurisdiction over defamation claims?

Answer 23

No - there is no long arm jurisdiction for defamation claims.

Question 24

If P slips and falls on D’s NY property, but D is actually living in and domiciled in FL - is there long-arm jurisdiction over the case?

Answer 24

Yes - because the property where P was injured is in NY, there is long-arm jurisdiction.

Question 25

If D [CT] contracts with P to sell his property in NY and D breaches the contract, is there long arm jurisdiction over the case?

Answer 25

Yes - any claims involving real property in NY will have long-arm jurisdiction.

Question 26

Can a partnership or corporation be roped in under long-arm jurisdiction?

Answer 26

Yes - individuals, corporations, and partnerships can all be roped in under the long-arm statute.

Question 27

If D’s partner or agent’s conduct triggers the long arm statute, can D be sued in NY?

Answer 27

Yes - acts that give rise to long-arm jurisdiction can be done by D or D’s partner or agent.

Question 28

If D dies, and his executor or representative is in another state, is there jurisdiction?

Answer 28

Yes - the executor, administrator, or representative can be sued wherever they are.

Question 29

If D [NJ] gave his son permission to drive his car, and the son drives negligently in NY and causes an accident, can D be sued under long-arm jurisdiction?

Answer 29

Yes - the owner of a vehicle who gave permission to the driver can be sued if the driver commits a tort while driving in NY.

Question 30

If D [MA] did not give his neighbor permission to drive his car, but his neighbor takes the spare keys from under the garden rock and drives the car negligently in NY, committing a tort - can D be sued under long-arm jurisdiction?

Answer 30

No - in order for the owner of a vehicle to be roped in under the long-arm statute, they must have given the driver permission to drive the car.

Note - the neighbor will come under the long-arm statute and can be sued in NY.

Question 31

How can P serve process on a D under the non-resident motorist statute?

Answer 31

By personally serving a copy on the NY Secretary of State (implied agent) and mailing a copy by certified mail to D’s out-of-state residence.

Question 32

If parties consent to suit in NY via a forum selection clause in a contract, is that enforceable?

Answer 32

Yes, absent fraud or duress.