Personal Jruisdiction Flashcards
NY has personal jurisdiction over whom?
- service is effected in the state
- domicilliary of NY - reside in the state with intent to stay
- Person has given express or implied consent
Territorial Jurisdiction in General
NY has territorial jurisdiction over any person or property, real or personal, located in the state
Implied consent to personal jurisdiction in NY State
Person driving on state highways has given implied consent to personal jurisdiction for action arising out of use of state highway.
In Rem and Quasi in Rem jurisdiction
In Rem Jurisdiction arises in actions to or determine an interest or ownership of real property located in NYS.
Where property is located in NYS it can be attached to give QIR PJ over D to the extent of the property attached.
Where an out of state D may still be subject to personal jurisdiction in the absence of one of the traditional basis for PJ.
Analysis for Due Process Argument
- purposeful availment
- foreseeable that D will be brought into state court; and
- Exercise does not offend traditional notions of fair play and substantial justice.
General Jurisdiction - Corporate Entities
State has general jurisdiction where:
- D has regularly engaged in business in state,
- Has a facility or is frequently in the state.
Such contacts would be considered “systematic and continuous” for the state to hold general jurisdiction over D.
Minimum Contacts Rule
Where D has at least minimum contacts with the state he may be sued on causes of action arising about of those contacts
Minimum Contacts Analysis
Step 1:
- contacts relate to subject matter of suit?
- purposeful availment of rights, benefits, or privileges?
- reasonably foreseeable haled into court?
Step 2:
based on contacts will exercise of PJ offend
traditional notions of fair play and substantial justice
- plaintiffs interest in trying case in NYS?
- D’s burden in trying case in NY?
- What is the states interest in the case?
NYS Long-Arm Statute
Contacts permitting statute to be the basis of PJ
- transacts business in state
- Contracts to supply goods and services within the state.
- Tortious Acts in state - except Defamation
- Tortious Acts outside state causes injury to person or property in state and D also:
a. regularly does business, or persistent course of conduct in state.
b. derives substantial revenue from goods/services rendered in state
c. reasonable expectation act have consequences in the state and derives substantial revenue from interstate commerce. - Ownership, use, or possession of any real property within the state
- non-resident in a matrimonial action
Personal Jurisdiction over Non-Resident D’s in Matrimonial or Family Court Proceedings
D is subject to PJ where:
- COA is domestic in nature
- P is a resident or domicillary of NY at time of demand; and
- NY was place of matrimonial domicile, D abandoned P in NY, or an agreement or settlement for support occurred in NYS.
State may also take jurisdiction over a divorce proceeding if one of the parties is domiciled in NYS
A corporation is present in NY if:
- Authorized to do business in NY
- it is a NY corporation
- if it is doing business in NY - has systematic and continuous contacts (regularly engages in activities)
Test for “doing business” in NY
Systematic and Continuous contacts
means that it regularly engages in activity.
Long arm jurisdiction for D who commits tortious act outside of NY causing harm in NY
regularly does business or persistent course of conduct in state.
derives substantial revenue from goods/services rendered in state
reasonable expectation act has consequences in state
and derives substantial revenue from interstate commerce.
