The case arose out of a sale of certain insurance products to fast-food franchises throughout the United States. Plaintiff, a New York-based insurance broker, asserted claims against our client alleging that there had been intentional interference with both past and present business dealings. Our client was an out-of-state resident who does not regularly conduct any business within New York. Accordingly, we moved pursuant to FRCP 12(b)(2) seeking dismissal of the complaint based upon lack of personal jurisdiction. Ultimately, Dan successfully argued that the Court did not have jurisdiction over our client under New York’s Long Arm Statute, as the underlying claims did not arise out of a transaction of business in New York and Plaintiff did not suffer an injury in New York. Thus, there were no grounds to exercise jurisdiction over our client.
Excellent work, Dan!