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 ∆… ∆ has physical presence in NY when served with process ∆ is “doing business” in NY (can be served anywhere) ∆ is a NY domiciliary;NOT just a resident (can be served anywhere)
What can be a basis of specificpjx?
Specific pjx = claim must be SPECIFIC to ∆’s NY activity OR within terms of K 3 ways to get general pjx over ∆… ∆ is nondomiciliary subject to long arm statute (served anywhere) AND jx would not offend Due Process ∆ is a nondomiciliary driver or car owner and is subject to nonresident motorist statute (served via NY Sec. of State & certified mail) ∆ consents
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)
What is the”doing business in NY” std (sufficient to extend general pjx)?
ANY claim whatsoever can be brought in NY REGARDLESS of origin… 1) if domestic corp. OR foreign corp. licensed in state 2) if unlicensed foreign corp “doing business” in NY “Doing business” test = at the time action commenced, the (i)corp.’s employees/agents are in NY; AND (ii) it’sengaged in business activity for the corp. on a “regular, systematic & ongoing basis”(Litmus: must maintain an office/other facility continuously staffed by 1+ employees) 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 “arising 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” of ∆ in NY = single commercial event OR “active negotiation” in NY that MUST give rise to the c/a sued upon (i.e. it’s NOT continuous enought to confer “doing business” general pjx) ∆’s phone, electronic and mail transmissions from out of state relating to perfomance of a significant Kcan = “transaction of business,” IF substantial enough(NEVER pjx for isolated incidence) 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 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 purpo\sefully 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 where 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
What is necessary for a valid basis of jx in a matrimonial action?
1) Must be in NY Supreme Court 2) π must be adomiciliary of NY(means marital status is located in NY & gives court in rem jx) 3) Serve process personally; all other methods require ct. order …IF the c/a is SOLELY for MONETARY SUPPORT… 4) πwould need pjx over ∆, which is accomplished through a matrimonial long-arm statute… When π-spouse is a resident of NY, long-arm jx can be acquired over ∆-spouse IF: NY was the matrimonial domicile of π and ∆ PRIOR to their seperation; OR ∆ abandoned π in NY, OR ∆’s monetary obligation accrued under an agmt executed in NY (separation agmt); OR ∆’s money obligation accrued “under the laws of NY” (a catch-all; never been litigated) …IF the c/a is ONLY to affect the matrial status (divorce, etc)… 4) Do not need pjx for case involving matrimonial status 5) Compliance w/ Durational Residency Requirements NOTE: If π is not compliant with this req, the case is subject to dismissal ON THE MERITS (i.e. will be dismissed as a “failure to state a c/a”) π’s complaint must allege satisfation of 1 of the following 3 options… (i) BOTH parties are NY RESIDENTS at the time the action is commenced; AND (ii) the GROUNDS for the action arose in NY; OR (i) EITHER party is a resident of NY for 1 year or more immediately prior to the action; AND (ii) NY has a PRIOR LINK to the marriage (i.e. married in NY, NY was matrimonial domicile at any pt, grounds for action arose in NY) EITHER party has been a NY resident for a continuous period of at least 2 years immediately prior to 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
