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Action to Recover Amadeo Modigliani Painting Stolen by Nazis Survives Dismissal Due in Part to Alter Ego Finding

By Farrell Fritz P.C. on May 24, 2018
Posted in Jurisdiction
Minolta DSC

Over eighty years after the end of World War II, crimes committed by the Nazis continue to be redressed, including in our very own Commercial Division. The Nazis are well known to have plundered with reckless abandon along the trail of their occupation. Beyond their theft of precious metals…

Jurisdictional Discovery: When and Why It’s Available

By Farrell Fritz P.C. on October 19, 2017
Posted in Jurisdiction

Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of  that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International Shoe Co. v. Washington, and World-Wide Volkswagen Corp. v. Woodson, this is normally a seamless endeavor for commercial litigators.…

Answer the Phone, Win a Trip to New York?

By Farrell Fritz P.C. on September 28, 2017
Posted in Jurisdiction

If you live in the Western Hemisphere, then you already know that New York courts may exercise personal jurisdiction over a nondomiciliary who transacts business in New York if the plaintiff’s claim arises from the transaction of such business. But what does it mean to transact business in New York? Much ink has been spilled …

No Privity? No Problem!

By Farrell Fritz P.C. on August 10, 2017
Posted in Jurisdiction

ay a stranger to an arbitration agreement compel arbitration against its signatories? According to the Second Department in Degraw Construction Group v McGowan Builders, Inc., 2017 NY Slip Op 05580 (2nd Dept July 12, 2017), the answer is “sometimes”: a plaintiff cannot avoid arbitration with a company by substituting the company’s employees as…

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