No. 19-989

Kathleen K. Johnson, Individually and as Trustee of the Annabell M. Palmer Family Trust, et al. v. UBS AG

Lower Court: Second Circuit
Docketed: 2020-02-06
Status: Denied
Type: Paid
Response Waived
Tags: commercial-disputes corporate-presence forum-selection general-jurisdiction long-arm-statute long-arm-statutes non-domiciliaries non-domiciliary nonresident-corporation personal-jurisdiction tortious-conduct
Key Terms:
DueProcess
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Should this Court address and resolve the conflicts and inconsistencies among the Federal Circuits and the State Courts on the issue of general jurisdiction under long arm statutes over a nonresident corporation and non-domiciliaries conducting business in this country in order to provide a US based local forum for resolution of commercial, banking and financial disputes and victims of tortious or unlawful conduct?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should this Court address and resolve the conflicts and inconsistencies among the Federal Circuits and the State Courts on the issue of general jurisdiction under long arm statutes over a nonresident corporation and non-domiciliaries conducting business in this country in order to provide a US based local forum for resolution of commercial, banking and financial disputes and victims of tortious or unlawful conduct? 2. Is it reasonable for a non-domiciliary to be subjected to general jurisdiction of our courts where its affiliations within the State are so continuous and systematic as to render it at home in that State? 3. Was the dismissal of the Amended Complaint for lack of personal jurisdiction over UBS justified where sworn statements by UBS in court filings attested to it being a New York corporation with offices in New York City and where for decades UBS has maintained a general presence on a regular and continuous basis within the United States, specifically in New York and California, and where UBS has consistently and voluntarily appeared in lawsuits as Plaintiff and Defendant, and admitted it was subject to in personam jurisdiction of the Courts in New York and California?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-18
Waiver of right of respondent UBS AG to respond filed.
2020-02-04
Petition for a writ of certiorari filed. (Response due March 9, 2020)

Attorneys

Individually and as Trustees of The Annabell M. Palmer Family Trust Johnson and Woodard
Jack S. DweckThe Dweck Law Firm, LLP, Petitioner
Jack S. DweckThe Dweck Law Firm, LLP, Petitioner
UBS AG
Robert Thomas SmithKatten Muchin Rosenman LLP, Respondent
Robert Thomas SmithKatten Muchin Rosenman LLP, Respondent