Pjx Flashcards
PERSONAL Jrx: GENERAL Jrx
What can be a basis of generalpjx?
General pjx = ct can hear ANY claim REGARDLESS of where the CoA originated
3 ways to get general pjx over ∆…
- ∆ has physical presence in NY when served with process - Physical presence in NY is always enough (GOTCHA Jrx)
- ∆ is a NY domiciliary;NOT just a resident (can be served anywhere)
- ∆ is a corporation “at home” in NY”
PERSONAL Jrx: SPECIFIC Jrx
What can be a basis of specificpjx?
Note: NY DISTINCTION
Specific pjx = claim must be SPECIFIC to ∆’s NY activity OR within terms of K
3 ways to get general pjx over ∆…
- ∆ is non-domiciliary subject to long arm statute (served anywhere) AND jx would not offend Due Process
- ∆ is a non-domiciliary driver or car owner and is subject to nonresident motorist statute (served via NY Sec. of State & certified mail)
(***NY DISTINCTION) - ∆ consents outright or consents through a forum selection clause or “consents” by having a NY license (in question)
GENERAL JURISDICTION
What is the NYdomicile std
(sufficient to establish general pjx)?
A ∆ who is a NY domiciliary at TIME the ACTION is COMMENCED can be served w/ process ANYWHERE in the U.S. for ANY CoA
DOMICILE = intends to remain indefinitely & treated as principal home (i.e. only 1 domicile).
→ NOTE: A person who is in the middle of a move has established their domicile in the new location by having arrived there (cannot be “in travel” and by having the intent to remain permanently)
RESIDENCE: place person lives for fair amount of time w/ some degree of permanency (i.e. multiple possible residences)
PERSONAL Jrx for CORPORATION
What is the”at home” in NY std (sufficient to extend general pjx)?
The corporation must be “at home” in NY to exercise general jrx over the corporation.
The corporation is “at home” in NY if either of the following 2 NY connections exist:
1. NY is the state of incorporation;
OR
2. NY is the principal place of business
Note: The mere transient presence of a corporate officer DOES NOT confer personal jrx over a corporate ∆
What is the NY 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”
NOTE: L-A jx covers ALL types of ∆s (individuals, corps, partnerships, etc)
NOTE: The acts giving rise to jx can be performed by ∆ OR an agent(e.g. employee)
NOTE: if ∆ dies, his estate can be served outside of NY
NOTE: Methods of Serving Process are the same for a ∆ inside NY and outside NY
*FOR NY ANALYSIS ONLY (See Fed. Jrx for MBE)
5 categories sufficient to confer specfic pjx on long-arm basis…
Category 1: π’s claim arises from a “transaction of business” of ∆ in NY
Category 2: π’s claim arises from a K to supply SIGNIFICANT ($$) goods OR services in NY
Category 3: π’s claim arises from ∆’s TORTIOUS ACT in NY [NOTE: Demafation claims are EXCLUDED as a “tortious act”]
Category 4: π’s claim/injury arises from ∆’s tortious act OUTSIDE NY PLUS there exists an additional link b/t ∆ and NY
Category 1
1) π’s claim arises from a “transaction of business” of ∆ in NY = single commercial event OR “active negotiation” in NY that MUST GIVE RISE to the very cause of action sued upon
NOTE: If there is a transaction sufficient for Long-Arm Jrx on a ∆ in NY the ∆ cannot then be sued for a transaction that is unrelated to this transaction
NOTE: ∆’s phone, electronic and mail transmissions from out of state relating to performance of a significant Kcan = “transaction of business,” IF substantial enough(NEVER pjx for isolated incidence)
Factors to Look at:
(i) Volume of communication from out of state into
the state
(ii) Length of time over which communication
occurred
—————-
Category 2
2) π’s claim arises from a K to supply Economically SIGNIFICANT ($$) goods OR services in NY
NOTE: a promise to pay a debt is NOT “goods or services”
COMMON BAR EXAM HYPO:
Buyer in MA calls seller in NY to order goods. Buyer agrees to send check upon delivery of goods but after receiving goods, buyer refuses to pay.
**THIS I S NOT ENOUGH for personal jrx: One-shot boiler plate telephone call or email not enough to qualify as a transaction of business AND promise by out-of-state buyer to pay $$ is not goods or services.
—————-
Category 3
3) π’s claim arises from ∆’s TORTIOUS ACT in NY
E,g, negligent driving on NY roadway, making fradulent stmts during sales negotiation, converting goods while in NY, assaulting π in NY
NOTE: Demafation claims are EXCLUDED as a “tortious act”
Category 4
4) π’s claim/injury arises from ∆’s tortious act OUTSIDE NY PLUS there exists an additional link b/t ∆ and NY
E.g. Mnfg in WI and product explodes in NY
“Additional link” =
a) ∆ regularly solicts business or engages in any other persistent course of conduct in NY; OR
b) ∆ derives substantial revenue from goods used or consumed, or services rendered, in NY; OR
c) ∆ 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: ∆ must be making an effort to engage specifically in NY commercial activity
NOTE: physician’s medical services are ALWAYS inherently local in nature)
Category 5
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
1. Presence in NY 2. Domicile in NY 3. Corporate ∆ "at home" in NY
“There is general personal jrx b/c there is ‘X’”
OR
“There is not general personal jurisdiction b/c there is not ‘XYZ’”
2nd (PART A) – discuss where facts of π’s case fall w/in 1 or more of the long-arm categories (specific pjx)
4. Long-Arm Jurisdiction 5. Non-Resident Motorist Statute (***NY DISTINCTION)
“There is/is not specific personal jurisdiction b/c there is/is not ‘XYZ’”
→ Discuss more than one long-arm category if applicable
2nd (PART B) – discuss where facts of π’s case fall w/in 1 or more of the long-arm categories (specific pjx)
6. Forum Selection Clause
7. Corporate License in NY (in question) (***NY
DISTINCTION)
“There is/is not personal jurisdiction by consent b/c there is/is not ‘XYZ’”
3rd – briefly discuss whether assertion of jx would satisfy due process
“Due process is satisfied if π’s claim arises out of conduct by ∆ that is so purposefully directed toward NY that the ∆ should reasonably anticipate being sued on that claim in a NY court”
Non-Resident Motorist Statute for Personal Jrx
What is the std to establish pjx with a Non-Resident Motorist Statue?
NOTE: NY DISTINCTION
THIS IS A NY STATUTE
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) JURISDICTION ALSO Applies to non-domiciliary OWNERS who gave PERMISSION to drive in NY
An agency/business relationship btwn the parties is NOT necessary
Personal Jrx by CONSENT
When is a forum selection cl. (consenting to jx) NOT enforceable?
Parties may consent in advance by a forum selection clause
A forum selection cl is generally NOT enforceable if it was:
(i) fraudulant;
(ii) overreaching; OR
(iii) unreasonable
Matrimonial Personal Jrx
What is necessary for a valid basis of jx in a matrimonial action?
NOTE: NY DISTINCTION
THIS IS A NY ISSUE
For an action affection MARITAL STATUS ONLY:
All that is required is that the π spouse must be adomiciliary of NY
Having another basis IS NOT RQRD for marital status matters (divorce, separation, annulment)
Do not need pjx for case involving matrimonial status
…IF the c/a is SOLELY for MONETARY SUPPORT…
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: (i) NY was the matrimonial domicile of π and ∆ PRIOR to their separation; OR
(ii) ∆ abandoned π in NY, OR
(iii) ∆’s monetary obligation accrued under an agmt executed in NY (separation agmt); OR
(iv) ∆’s money obligation accrued “under the laws of NY” (a catch-all; never been litigated)
A NON-JURISDICTIONAL ISSUE BUT SOMETHING TO MAKE SURE YOU KNOW IS THAT FOR MATRIMONIAL ACTIONS THERE MUST BE:
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 satisfaction of 1 of the following 3 options…
Option 1:
(i) BOTH parties are NY RESIDENTS at the time the action is commenced; AND (ii) the GROUNDS for the action arose in NY;
→ Note: no period of prior NY residency required here
OR
Option 2 (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)
OR
Option 3
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
(The court’s POWER over the PERSON)
Smjx = pwr of the ct to hear a particular KIND of matter; goes to competency (The court’s POWER over the CASE)
PERSONAL JURISDICTION (P. jrx)
What are the 5 Basis for Jurisdiction over ∆’s Person
(**7 Basis in NY)
(Personal Jrx)
Note: NY Distinction
General Jurisdiction
- Presence in NY
- Domicile in NY
- Corporate ∆ “at home” in NY
SPECIFIC JURISDICTION
- Long-Arm Jurisdiction
- Non-Resident Motorist Statute (***NY DISTINCTION)
CONSENT
- Forum Selection Clause
- Corporate License in NY (in question) (***NY DISTINCTION)
Consent by Corporate Licensing
A foreign corporation (incorporated outside of a state) that has become “authorized to do business in the state” by registering w/the state’s Secretary of State and appointing the state’s Secretary of State as agent for service of process TRADITIONALLY is held to have consented to general personal jrx
NOTE: The law is unsettled on this point w/the new “at home” standard
