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

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

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

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

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

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

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