Long Arm

Question 1

What is the appropriate step by step analysis for a Long Arm Jurisdiction problem?

Answer 1

1. Does the exercise of long arm jurisdiction over the non-domiciliary comport with CPLR 302? 2. Does the exercise of long arm jurisdiction comport with “notions of fair play and substantial justice.” (Note that if you satisfy 1, you’re almost never going to fail 2)

Question 2

In order to assert long arm jurisdiction over a non domiciliary who “transacts any business within the state” or “contracts anywhere to supply goods or services in the state,” the defendant non domiciliary must

Answer 2

have “systematic and regular” activity within the state which is “continuous and permanent.” (I’m paraphrasing, but, throw these words around). If there is a single transaction, you can still have long arm, but the jurisdiction has to be substantially based on that transaction. Note that the activity has to show purposeful availment, i.e. reaching out to New York, and not just responding to someone in New York. (Paterno)

Question 3

Defendant commits a tort within New York state. Defendant is a nondomiciliary. Can long arm be used to exercise jurisdiction?

Answer 3

Yes. 302a2.

Question 4

Can a passive website (just info) serve as the basis for long arm jurisdiction? Can an active website (online store, etc) serve as the basis for long arm jurisdiction?

Answer 4

Passive - no (Grimaldi, Paterno) Active - maybe. Remember, the key is purposeful availment. Is the website being used to project the nondomiciliary into the state to transact business? Passive websites like the one in Paterno have been found to be insufficient because they just have information without a way to engage in a business transaction.

Question 5

T/F - New York is a single act state.

Answer 5

True. (Parke Bernet)

Question 6

If a nondomiciliary commits a tortious act against you in another state and you get hurt there and you return here injured from that act, is there long arm jurisdiction over that nondomiciliary?

Answer 6

No. The tortious act must have caused the injury to occur here. Paterno.

Question 7

You can sue a nondomiciliary for defamation.

Answer 7

False. That’s excluded in 302.