SPR - September 2000 Headlines & Topics


SEPTEMBER 2000

Overview of topics...

Lead Note:

NEW LAWS SOLKAV CASE OVERRULED: ORIGINAL PROCEEDING THAT TESTED ARBITRABILITY CAN NOW SUPPORT LATER MOTION AFFECTING AWARD

General Practice:

Courts Begin to Examine How to Apply Longarm Jurisdiction in Internet Cases
Maximum Sanction Imposed on Law Firm for "Falsifying" Court Order to Include Injunction
What Happens with One-Day-Extra-for-Overnight-Delivery Rule When Friday Dispatch Doesn't Reach Recipient Until Monday?
Enforcing Judgment Against Partner's Interest in the Partnership

Backlog Items:

P in Bronx Nursing Home Is Bronx Resident for Venue Even Though He Wants to Go Back Home??
Court Holds Acts Five Months Apart to Be "Successive" and Support Contribution Claims Among Tortfeasors
Town Justice Has Summary Proceeding Jurisdiction Only If Land Is Within Town

Federal Jurisdiction:

Even Nondiverse 4th Party Defendant Can Counterclaim Against Plaintiff
Hague Convention Doesn't Always Require Translation for Documents Served Outside Country

ARTICLE HEADLINES

FEATURE ARTICLE:
NEW LAWS SOLKAV CASE OVERRULED: ORIGINAL PROCEEDING THAT TESTED ARBITRABILITY CAN NOW SUPPORT LATER MOTION AFFECTING AWARD

GENERAL PRACTICE

LONGARM INTERNET JURISDICTION:
Federal Judge Describes Which Internet Activities by a Website Can Lead to Extraterritorial Jurisdiction under CPLR 302

SANCTIONS:
Judge Laments Inadequacy of Punitive Sanction Imposed Against Law Firm That Deliberately Falsified Order to Make It Appear that It Contained a TRO

WITH OVERNIGHT DELIVERY, ONE DAY GETS ADDED TO RESPONSE TIME; WHAT RESULT, IF FRIDAY USED AND DELIVERY IS NOT UNTIL MONDAY?

ENFORCEMENT AGAINST PARTNER:
Creditor of D, Partner in Law Firm, Gets Enforcement Through Partners Other Than D

BACKLOG ITEMS

BRONX VENUE:
P Convalescing in Bronx Nursing Home Is Bronx Resident for Venue Even If P Wants to Go Back to Westchester

SUCCESSIVE OR CONCURRENT TORTFEASORS:
Divided Court Holds Acts Five Months Apart "Successive" So As to Support Contribution Claims Among Tortfeasors

LOWER COURT JURISDICTION:
Town Justice Has Summary Proceeding Jurisdiction Only If Land Is Within Town

FEDERAL JURISDICTION

SUPPLEMENTAL JURISDICTION EVEN NON-DIVERSE 4TH PARTY DEFENDANT'S COUNTERCLAIM AGAINST PLAINTIFF CAN BE SUPPORTED BY "SUPPLEMENTAL" JURISDICTION

TRANSLATING DOCUMENTS:
Even Under Hague Convention, Translation of Documents Is Not Required in All Instances of Service Outside Country