NY Practice Outline-Jurisdiction

NY Practice Outline-Jurisdiction - JURISDICTION Differences...

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JURISDICTION Differences Between Federal and State 1. SJ – 2 nd circuit notoriously hard to get SJ. State Courts much easier 2. Disclosure – (esp. w/ experts) – In Federal Court you get everything from the expert. NY you get basically nothing. 3. Ex Parte Orders – (such as TRO) In state ct. you can get it w/out other party present. Not so in federal 4. Appeals – In State Ct. you can appeal almost any decision. In Federal ct. the district judge is god. 5. Pace of the Case – federal judge will push you along quicker. In state ct. no judge is assigned until you need them to do something. Consideration on where to Sue 1. If you think you have a good shot at SJ you sue in state court. 2. If you think your adversary has a good shot at SJ you sue in Federal Court. 3. If you want to keep your expert hidden you sue in state court 4. If you want to learn about your adversary’s expert you sue in federal court. New York Jurisdiction – There are 2 branches of Jurisdiction 1. The Basis for Jurisdiction – The State must have the ability to exercise power over the D. 2. The D must have adequate Notice Basis for Jurisidcition Due Process under the Constitution . Overall question is did D intentionally reach out into the state to do something. 1. Pennoyer v. Neff – A state can exercise J over anyone or anything located in the state. 2. International Shoe – A state can exercise long-arm J over a D not located in the state as long as it has “minimum contacts.” The exercise of jurisdiction cannot offend “traditional notions of fair play and substantial justice.” 3. WW Volkswagon – It must be foreseeable from your conduct that you will be hailed into ct. in a particular state to be subject to long-arm J. WW and the car dealer did not reach out to Oklahoma so there was no J. 4. Keeton v . Hustler – even if P had no contact with the forum state, we look at D’s contacts with the forum when looking at J. 5. Calder v . Jones – Calder sues Nat’ Enq. And writers and editors. Writers and Editors argue they are just employees of co. that does biz. in Cali. Ct. says this is an intentional tort. You reached into Cal. To hurt her there. 6. Burger King – Fla. ct. has J over a Mich. Biz. bc they reached out to do biz. with a Fla. corp and entered into a K that required them to make payments in Fla. We look at the state’s interest and P’s benefit and compare it with the detriment to the D. Basis for Jurisdiction in NY 1. NY does not exercise J to the limits of due process. There are cases where NY could exercise J constitutionally where it has chosen not to. In general NY law is more limited. Requires activity to be more concentrated.
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2. General Jurisdiction CPLR § 301 – State has J over a person present in the state at the time the summons is served 3. Long-Arm J CPLR § 302 – personal J over non domiciliaries not present in the state. CPLR § 301
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This note was uploaded on 02/14/2008 for the course LAW 7760 taught by Professor Bortnick during the Spring '04 term at Yeshiva.

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NY Practice Outline-Jurisdiction - JURISDICTION Differences...

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