Siegel's Practice Review - Issue No. 265, January 2014 Headlines & Topics - New Laws, Civil Practice, New York Attorneys/Lawyers


January, 2014

Overview of topics...

LEAD NOTE:

U.S. Sup.Ct. Severely Circumscribes "Presence" as Basis for Personal Jurisdiction of Foreign Corporations: Claim Itself Must Have Local Roots

GENERAL PRACTICE:

Amendment of CPLR 205(a) -- Designed to Make It Easier to Bring New Action After Want-of-Prosecution Dismissal of Earlier One -- Is Not Retroactive
On Eccentric Facts, D Who Failed to Demand Jury in Personal Injury Case Is Denied Leave to Serve Late Demand
Court Addresses When General (Unsecured) Creditor Can Seek Injunction Restraining Debtor's Transfer of Assets

BACKLOG ITEMS:

If Any Defendant Is Forum Citizen, Removal Is Barred in Diversity Case; Trying to Remove Before Service Is Made Can't Get Around That
Failure of Plaintiff to List His Personal Injury Claim When He Filed for Bankruptcy Bars His Suit on It Afterwards

ARTICLE HEADLINES

Feature Article

U.S. SUPREME COURT SEVERELY CIRCUMSCRIBES "PRESENCE" AS BASIS FOR PERSONAL JURISDICTION OF FOREIGN CORPORATIONS
Claim Itself Must Have Local Roots; If It Hasn't, Corporation's Overall Contacts with State Won't Support Jurisdiction

General Practice Points

NEGLECT TO PROSECUTE DISMISSALS
Amendment of CPLR 205(a) -- Designed to Make It Easier to Bring New Action After Want of Prosecution Dismissal of Earlier One -- Is Not Retroactive

INADVERTENT JURY WAIVER
On Eccentric Facts, D Who Failed to Demand Jury in Personal Injury Case Is Denied Leave to Serve Late Demand

ENJOINING TRANSFERS
Court Addresses When General (Unsecured) Creditor Can Seek Injunction Restraining Debtor's Transfer of Assets

Backlog Items

FEDERAL REMOVAL
If Any Defendant Is Forum Citizen, Removal Is Barred in Diversity Case; Trying to Remove Before Service Is Made Can't Get Around That

BANKRUPTCY FILING
Failure of Plaintiff to List His Personal Injury Claim When He Filed for Bankruptcy Bars His Suit on It Afterwards