Published On - September 16, 2016

fgiannoni International litigation and enforcement of Foreign Judgements

The “Separate Entity” rule only applies when NY branch of bank is garnishee; it does not apply and prevent enforcement of an arbitral award against bank as debtor

On February 22, 2016, the U.S. District Court for the Southern District of New York found that New York “Separate Entity” Rule bars enforcement of an international award against a bank’s local branch if this entity is a garnishee, not if the bank itself is a debtor. Crescendo Maritime Co. v. B...
Read More

Published On - September 1, 2016

fgiannoni International litigation and enforcement of Foreign Judgements

No jurisdiction under New York long-arm statute against a foreign airline solely based on its internet presence in the US

On August 22, 2016, a New York District Court dismissed a lawsuit against Airbus (a French company) for lack of personal jurisdiction over non-domiciliaries. Merritt v. Airbus Ams., Inc., 2016 U.S. Dist. LEXIS 111572 (E.D.N.Y. Aug. 22, 2016). In this product liability case, a flight attendant for Un...
Read More