117 A.D.3d 724
N.Y. App. Div.2014Background
- Plaintiff, a New York resident, sues a Texas-licensed physician who treated the plaintiff's mother while she resided in Texas and Florida.
- Plaintiff alleges the physician improperly prescribed drugs without direct examination or ongoing monitoring, causing dependency, social/economic harm, and contributing to her early death.
- Plaintiff sues in his individual capacity and as sole heir of Purcell, and for Purcell's damages.
- Supreme Court granted defendant’s CPLR 3211(a)(8) motion to dismiss for lack of personal jurisdiction.
- Plaintiff bears the burden to establish jurisdiction under CPLR 302(a)(3)(ii) and related due-process considerations.
- Court ultimately found lack of injury in New York, lack of expected consequences in New York, lack of substantial interstate revenue, and lack of minimum contacts;Walden refinement cited to emphasize defendant-centered connections to the forum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has personal jurisdiction under CPLR 302(a)(3)(ii). | Paterno-style showing of tortious act causing NY injury with NY connections. | No NY injury, no expected NY consequences, no substantial interstate revenue, no minimum contacts. | No personal jurisdiction. |
Key Cases Cited
- Paterno v. Laser Spine Inst., 112 AD3d 34 (2013) (addressed burden to prove jurisdiction under CPLR 302)
- O’Brien v. Hackensack Univ. Med. Ctr., 305 AD2d 199 (2003) (sufficiency of proof for personal jurisdiction)
- Hermann v. Sharon Hosp., 135 AD2d 682 (1987) (multistate torts and jurisdiction considerations)
- Penguin Group USA Inc. v. American Buddha, 16 N.Y.3d 295 (2011) (minimum contacts and interstate commerce; forum connections)
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) (foundation of due process and minimum contacts)
- J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 138 (2011) (limits of forum-state jurisdiction based on defendant's contact)
- Walden v. Fiore, 571 U.S. 277 (2014) (refined minimum-contacts analysis; defendant-centered connections)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (due process and reasonable foreseeability of forum)