Civil Procedure

Southern District of New York Rejects Kazakhstan’s Claim That Bank Records Concerning Its Assets Are Immune from Post-Judgment Discovery

Posted: / By: Categories: Civil Procedure, International Law

In Stati v. Republic of Kazakhstan, 19 Misc. 382 (PAE), 2024 WL 3442663 (S.D.N.Y. Jul. 17, 2024), the Southern District of New York held that documents and information held by third-party banks relating to a foreign sovereign’s assets are not protected from disclosure in post- judgment proceedings. In 2013, Anatolie Stati and several related individuals … Read more

Email Service on Chinese Nationals Is Permissible Under Federal Rules When Physical Address Is Unknown After Reasonable Diligence

Posted: / By: Categories: Civil Procedure, Jurisdiction, Service of Process

Last year, we covered a decision in which the Southern District of New York permitted alternate service on defendants residing in China after plaintiffs were unable through the exercise of reasonable diligence to discover the defendants’ physical addresses.  (Analysis available HERE.) In Orient Plus International Ltd. v. Baosheng Media Group Holdings Ltd., 2024 WL 2317715 … Read more

Southern District of New York Treats Canadian Corporation-Partnership Hybrid as Partnership for Diversity Jurisdiction Purposes

Posted: / By: Categories: Civil Procedure, Jurisdiction

In MaxBounty, ULC v. Zocdoc Inc., 24-cv-3307 (S.D.N.Y. Jul. 3, 2014), the Southern District of New York held that a Canadian “unlimited liability corporation” should be treated as a partnership for purposes of determining whether the court has diversity jurisdiction. The requirements for establishing federal diversity jurisdiction are well established when it comes to natural … Read more

Federal Court Declines to Exercise Jurisdiction Over New York Plaintiffs’ Class Action Against Foreign Corporation Where NY Subsidiary Was Principally Liable for Plaintiffs’ Alleged Injuries

Posted: / By: , Categories: Civil Procedure, Class Actions

In St. John v. Adesa, Inc., 22-CV-1257 (E.D.N.Y. Sept. 21, 2023), the court dismissed plaintiff’s nascent class action under the Local Controversy Exception to CAFA jurisdiction, after joining defendant’s local subsidiary as a defendant… Read more

Electronic Service on Defendants Governed by Hague Convention Permissible when Physical Addresses Are Not Reasonably Ascertainable

Posted: / By: , Categories: Civil Procedure, Service of Process

In The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, 1:23-cv-00612-JHP (S.D.N.Y.), the Court permitted electronic service of process on certain foreign defendants, even though such service generally would have been prohibited under international law… Read more

New York Choice of Law Provision, Standing Alone, Does Not Confer Personal Jurisdiction

Posted: / By: , Categories: Civil Procedure, Jurisdiction

As illustrated in a decision by the New York Supreme Court in Five Star Logistics LLC v. Innovasian Cuisine Enters. Inc., Index No. 653357/2022 (N.Y. Sup. Ct. Nov. 22, 2022), a New York choice of law provision, standing alone, will not confer personal jurisdiction over a defendant… Read more

Kicked Out of Federal Court: How Stateless Citizens Fall Outside of Diversity of Citizenship

Posted: / By: , Categories: Civil Procedure, Jurisdiction

Diversity of citizenship under 28 U.S.C. § 1332 is one way for parties to obtain entry into federal court.  When the case in controversy exceeds $75,000, federal courts have jurisdiction if the action is between “citizens of different States,” 28 U.S.C. § 1332(a)(1), or between “citizens of a State and citizens and or subjects of a foreign state,” 28 U.S.C. § 1332(a)(2).  In Jane Doe v. Grace Baptist Church, 2022 WL 1490486 (N.D.N.Y. May 11, 2022), the Northern District of New York addressed the application of these provisions to a party with dual citizenship in the U.S. and Greece and found that the court lacked subject matter jurisdiction… Read more

Pleading In the Alternative Does Not Justify Duplicative Claim for Unjust Enrichment

Posted: / By: , Categories: Civil Procedure, Unjust Enrichment

In Harvey Public Adjuster, LLC v. Viet Media Agency, Index No. 522665/2022, 2022 NY Slip Op 32033(U) (Sup. Ct. Kings County Aug. 25, 2022), the court dismissed plaintiff’s cause of action for unjust enrichment as duplicative of its claim for breach of contract… Read more

No Leave to Amend Following Appellate Division Dismissal and Remand for Entry of Judgment

Posted: / By: , Categories: Amended Pleadings, Appeals, Civil Procedure

As illustrated in Favourite Ltd. v. Cico, 171 NYS3d 67 (1st Dept 2022), New York trial courts lack discretion to grant leave to amend a complaint that has been dismissed by the Appellate Division without leave to replead… Read more