NY Conflict of Laws - Recognition of Judgments Flashcards
Always be on the lookout for fact patterns involving 2 or more states with other subjects
Comes up in torts, contracts, family law, property etc
Recognition of Judgment Fact Patterns
First they will tell you that a judgment has been rendered in another state or country
Second, in the CALL of the question, they will tell you that one of the parties is seeking to have it recognized in New York
NOTE on TERMINOLOGY:
state handing down judgment = “rendering” state
NY (state where seek enforcement) = “recognizing” state
Threshold question you ask:
Is it a SISTERING state or a FOREIGN state?
What are the steps in answering a “recognition” question? (i.e. whether a NY court should recognize the judgment rendered in another court/jurisdiction)
(1) first ask whether it is a SISTER STATE or a FOREIGN state (if not see FOREIGN LINE OF ANALYSIS below)
(2) if it is a SISTER state, ask if all 3 “Full Faith and Credit” requirements are satisfied
(3) Ask if there are any “Good Defenses” to full faith and credit
if FOREIGN state, basis for recognition is known as “comity” and must ask
(1) whether JURISDICTION was proper (i.e. minimum contacts type jurisdictional analysis)
(2) Whether “Fair” Procedures were used during the earlier litigation
- — if answer YES to BOTH, recognize the judgment
What is the rule of recognition between federal and state courts?
by statute, federal and state courts are required to recognize one another’s judgments (fed jurisdictions treated like sister states)
What are the three “full faith and credit” requirements for a sister state judgment to be enforceable?
Johnny Mother Fucker
(1) JURISDICTION must have been proper in rendering state court
(2) Judgment must be on the MERITS
(3) Judgment must be FINAL
what is the “one attack” rule for jurisdiction?
Jurisdiction can only be attacked once, either in the rendering court proceeding OR in the recognizing court proceeding
are default judgments considered “on the merits?”
YES default judgments ARE considered “on the merits” for recognition purposes
Judgments must be “final” means
can’t be on APPEAL in the other state, and not final if “modifiable judgment” for future payments
Are the three “full faith and credit” requirements evaluated according to RENDERING state law or the state law of the RECOGNIZING state?
RENDERING - e.g. if trying to enforce an AZ judgment in NY, must ask if satisfied the 3 full faith and credit requirements under AZ law (e.g. did AZ have jurisdiction, was it on the merits, and Finality in AZ)
What are “GOOD DEFENSES” to full faith and credit?
(1) the Judgment is PENAL (i.e. P must be the state)
(2) EXTRINSIC Fraud - judgment was procured by extrinsic fraud (e.g. judge bribed)
note: “intrinsic fraud” e.g. - perjury - this is “intrinsic” bc there are ways within the trial procedure to remedy this - ie can cross examine, impeach with other witnesses etc, but in bribed judge situation, can’t do anything about during course of trial itself
What are “BAD” DEFENSES (i.e. defenses that DO NOT WORK against full faith and credit)
(1) judgment is contrary to the RECOGNIZING state’s PUBLIC POLICY
(2) MISTAKE of law and/or fact were made (e.g. court misapplies the law)
note: rationale for MISTAKE - should have appealed it in the rendering state, not going to let you appeal it now here after judgment is final
Again, what if the state is a FOREIGN state?
Basis of recognition is “Comity” - Foreign country judgments are basically recognized (comity given) on the same basis as a sister state judgment. However, the recognizing court will specifically look to see if our “FAIRNESS” standards are satisfied BOTH in terms of
(I) whether JURISDICTION was proper (i.e. were minimum contacts present with the D and jurisdiction)
(ii) whether FAIR PROCEDURE was used during earlier litigation (e.g. not ok if foreign state didn’t allow questioning of witnesses or presenting own evidence)
