Pjx Flashcards
What can be a basis of generalpjx?
General pjx = ct can hear ANY claim REGARDLESS of where the c/a originated.
3 ways to get general pjx over ∆:
i) ∆ has physical presence in NY when served with process ii) ∆ is a NY domiciliary;NOT just a resident (can be served anywhere) iii) corporate ∆ is “at home” in NY (can be served anywhere)
What can be a basis of specificpjx?
Specific pjx = claim must be SPECIFIC to ∆’s NY activity. If ∆ is nondomiciliary, then can use lon-arm jx to serve them anywhere. The non-resident motorist statute (served via NY Sec. of State & certified mail)
What is the NYdomicile std (sufficient to establish general pjx)?
A ∆ who is a NY domicile at time the action is commenced can be served w/ process ANYWHERE in the U.S. for ANY c/a Domicile: intends to remain indefinitely & treated as principal home (i.e. only 1 domicile) Residence: place person lives for fair amount of time w/ some degree of permanency (i.e. multiple possible residences)
When is a corporate ∆ considered “at home” in NY? (this would = general pjx)
Traditionally, a corporation was said to be present in NY if it was “doing business” here through the maintenance of NY office or other facility staffed by employees or agents of the corp. on a continuous or systematic basis
In 2014, the S. Ct held merely “doing business” in the state is not enough of a connection to satisfy due process of general pjx . A corporation is “at home” in NY if any of the following three NY connections exists:
i) NY is the state of inc.
ii) NY is the corp’s principal place of business
iii) the exceptional case where the NY activities of the corp. are so substantial so as to render the corp. essentially at home based on a comparison of its NY activities to its nationwide and worldwide activities.
NOTE: “doing business” is NOT: (i) mere sales of a corp’s products in NY; (ii) mere advertising by a corp in NY; OR (iii) mere transient presence of a corp’s officer in NY at time of service on him/her
If corp is “doing business” service of process is by personal delivery to a proper corporate rep ANYWHERE in the US; OR by service on the NY Sec of State NOTE: satisfaction of “doing business” std is only necessary if c/a arose OUTSIDE NY; if c/a stems from INSIDE NY, then long-arm jx will prob be available
What is the standard forlong-arm jurisdiction (specific pjx)?
Long-arm jx follows the “minimum contact” std, which allows for out-of-state service confering pjx on the basis of (i) certain acts by ∆ that have sufficient connection w/ NY; AND (ii) π’s claim “ARISES from those acts” L-A jx covers ALL types of ∆s (individuals, corps, partnerships, etc) the acts giving rise to jx can be performed by ∆ OR an agent. If ∆ dies, his estate can be served
5 categories sufficient to confer specfic pjx on long-arm basis:
1) π’s claim arises from a “transaction of business” by the ∆ in NY; single transaction in NY is enough if the claim arises from NY i.e. ∆ comes to NY for an interview, substantial negotiations take place and K is signed (specific pjx). In some cases, ∆’s phone, electronic and mail transmissions from out of state, if substantial in number and relating to perfomance of a significant Kcan rise to the level of transaction of business in NY. But a single telephone call or email is insufficient.
2) π’s claim arises from a K to supply SIGNIFICANT ($$) goods OR services in NY NOTE: a promise to pay a debt is NOT “goods or services”
3) π’s claim arises from ∆’s TORTIOUS ACT in NY. NOTE: Demafation claims are EXCLUDED as a “tortious act”. To constitute “injury in NY” the injury must ORIGINATE in NY
4) π’s claim/injury arises from ∆’s tortious act OUTSIDE NY that causes injury in ny PLUS there exists an additional link b/t ∆ and NY “Additional link” = ∆ regularly solicts business or engages in any other persistent course of conduct in NY; OR ∆ dervies substantial revenue from goods used or consumed, or services rendered, in NY; OR ∆ expects or should reasonably expect the act to have consequences in NY AND ∆ derives subtl revenue from interstate/international commerce that purposefully includes NY (NOTE: physician’s medical services are ALWAYS inherently local in nature) NOTE: Demafation claims are EXCLUDED as a “tortious act”
5) π’s claim arises from ownership, use or posession of REAL PROPERTY in NY
How should you approach a pjx essay question?
1st – discuss if π can est. general pjx
2nd – discuss whether facts of π’s case fall w/in 1 or more of the long-arm categories (specific pjx)
3rd – briefly discuss whether assertion of jx would satisfy due process. Satisfied if: the π’s claim arises out of conduct by ∆ “that is so purposefully directed toward NY” that the ∆ should “reasonably anticipate being sued in NY”
What is the std to establish pjx with a Non-Resident Motorist Staute?
Confers pjx over an accident claim arising from a nondomiciliary motorist’s ownership OR use of an auto on NY roadways. Overlap w/ Long-arm category of “tortious act”, but has two UNIQUE features: 1) Service of process:π MUST personally serve 1 copy on NY Sec. of State PLUS mail 2nd copy by CERTIFIED mail to ∆ 2) Applies to nondomiciliary owners who gave PERMISSION to drive in NY Agency/busniess relationship is NOT necessary
When is a forum selection cl. (consenting to jx) NOT enforceable?
A forum selection cl is NOT enforceable if it were: (i) fraudulant; (ii) overreaching; OR (iii) unreasonable
How do you establish a valid basis of jx in a matrimonial action?
- matrimonial actions must be in NY Supreme Court
- π spouse must be adomiciliary of NY; pjx is not required as a basis b/c court has in rem jx over the marriage.
- If π spouse seeks MONETARY SUPPORT:
1) π spouse has to obtain pjx over out-of state ∆ spouse. Can use matrimonial long arm statute if i) NY was the matrimonial domicile of the couple prior to their separation ii) ∆ abandoned spouse in NY iii) ∆’s monetary obligation accrued under an agmt executed in NY (i.e. sep. agmt) OR iv) ∆’s monetary obligation accrued under the laws of NY. *the only proper method of service of process is personal delivery to the ∆ (other methods not allowed w/out ct order) 2) π spouse has to satisfy a durational residency reqs, failure to do so results in a dismal on the MERITS (∆ has a failure to state a c/a defense). SATISFIED: If the couple are NY residents at the time the action is commenced and the grounds for divorce arose in NY. If either spouse has resided in NY for a continuous period of at least 1 year immediately prior to the c/a AND i) marriage took place in NY ii) NY was the matrimonial domicile at some pt OR iii) grounds for divorce arose in NY. If either spouse has been a resident of NY for a continuous period of 2 yrs immediately prior to the action.
What ispjx AND smjx?
Pjx = pwr of the court to adjudicate claims for damages or injunctive relief against particular parties Smjx = pwr of the ct to hear a particular KIND of matter; goes to competency
When has a ∆ consented to pjx?
In a forum selection clause or if they have a corporate license in NY
What is consent by corporate licensing?
It’s when a foreign corporation has become authorized to do business in NY by registering withe NY Secretary of State and appointing the Sec. of State as agent for service of process.
*it is uncertain whether the new “at home” test for general pjx over corps. will limit the scope this consent.
