Personal Jurisdiction Flashcards
What are the different categories of personal jurisdiction?
General Jurisdiction (all purpose, does not matter where the claim arose):
Presence in NY
Domicile in NY
Corporate defendant “at home” in NY
Specific Jurisdiction (claim must be specific to defendant’s NY activity)
Long arm jurisdiction
Non-resident motorist statute
Consent
Forum selection clause
Corporate licenses in NY (in question)
How do you distinguish domicile from residence?
Residence is a place where a person lives for a fair amount of time with some degree of permanency. A person can have multiple residences.
Domicile is the one residence at which a person intends to remain indefinitely and is treated by her as the principal home. A person has only ONE domicile.
How do you know if a corporate defendant is “at home” in NY?
A corporation is “at home” in NY if any one of the following three NY connections exists:
- NY is the state of incorporation OR
- NY is the corporations principal place of business OR
- NY activities of the corporation are so substantial to render the corporation at home in NY - compare corporation’s NY activities to the entirety of the world/national activities, and if NY is a substantial amount, it is “at home” in NY.
NOTE: The satisfaction of this standard is usually only necessary if the cause of action against the corporation arose outside of NY.
What is long arm jurisdiction?
It allows for out of state service conferring personal jurisdiction on the basis of certain acts by the defendant that have sufficient connection with NY, provided plaintiff’s claim arises from those acts in NY.
What are the five long-arm jurisdiction categories?
- Plaintiff’s claim arises from transaction of business in NY;
NOTE: In some cases, defendant’s phone, electronic, and mail transmissions from out of state, if substantial in number and relating to the performance of a significant contract, can rise to the level of transaction of business in NY.
- Plaintiff’s claim arises from a contract transacted anywhere by which the defendant agreed to provide good or services in NY. The contract for goods or services in NY must be economically significant.
- Plaintiff’s claim arises from defendant’s tortious actions in NY.
- Plaintiff’s claim arises from defendant’s act outside of NY causes injury in NY AND there is and additional link between defendant and NY:
a. Defendant regularly does business in NY, solicits business in NY, or engages in any other persistent course of conduct in NY; OR
b. Defendant derives substantial revenue from goods used or consumed, or services rendered, in NY; OR
c. Defendant expects or should reasonably expect the tortious act to have consequences in NY and defendant derives substantial revenue from interstate or international commerce. Such commerce must purposely include NY - show an effort to engage in NY commercial activity.
NOTE: Defamation claims are excluded from both of the tortious act categories.
- Plaintiff’s claim arises from the defendant’s ownership, use, or possession of real property in NY.
What is the due process test for long-arm jurisdiction?
Due process will be satisfied if the plaintiff’s claim arises out of conduct of the defendant that is “so purposely directed towards NY that defendant reasonably should anticipate being sued on that claim in NY.
What is the non-resident motorist statute?
It confers personal jurisdiction over an accident claim arising from a non-domicilliary motorists owernship or use of an auto on a NY roadway. Often overlaps with long arm tortious act in NY category, but has two unique features:
- Service of process: plaintiff serves process on defendant by delivering one copy on the NY secretary of state (out of state driver/owner’s implied agent) PLUS mail a second copy to defendant by certified mail to defendant’s out of state residence.
- Applies to non-domicilliary vehicle owner who gave permission to drive in NY: An agency or business relationship between owner and driver is not required.
