Second Circuit 2000-2001 Personal Jurisdiction Developments
27 Pages Posted: 17 Nov 2008
Date Written: 2001
During the 2000-2001 survey year, federal courts in the Second Circuit published approximately fifty personal jurisdiction opinions. The majority of the opinions handed down in federal district courts dealt with diversity matters and involved the application of New York State's long-arm statute. There were, however, several significant circuit court opinions. One involved the district court's premature personal jurisdiction dismissal of a matter without consideration of whether the Foreign Sovereign Immunities Act ("FSIA") applied. Another involved a human rights claim under the Alien Tort Claims Act and the question of whether foreign companies were doing business in New York based on their maintenance of an Investors Relations Office in New York. A third set forth important guidelines for a district court's rejection of a personal jurisdictional challenge, while another reminded the bench and bar that circuit court review of district court dismissals for want of personal jurisdiction are de novo.
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