November 2017 – The fifth volume of Chaffetz Lindsey’s New York Commercial Litigation Report is now available. The report contains recent case summaries to keep you informed on new developments, and reminded of old ones. The cases in this issue include:
|Please stand back; the doors (on foreign bank subpoenas) are closing …
Southern District of New York: Court could not enforce subpoena for discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782 without personal jurisdiction over the discovery target. Court lacked jurisdiction over bank incorporated and headquartered in Australia where the discovery sought was unrelated to the activities of the bank’s New York branch.
A rule more honored in the (anticipatory) breach …
New York Court of Appeals: The mere filing of a lawsuit for rescission of an agreement is not an anticipatory breach of contract unless it amounts to a “positive and unequivocal” repudiation.
A shot in the long arm of New York jurisdiction …
New York Court of Appeals: Spanish winery was subject to personal jurisdiction under New York’s long arm statute for failure to pay commissions to its Spanish counterparty based on sales to the winery’s New York distributor.
To view the report in its entirety, please click here.
Illustrations by Hank Blaustein