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Keywords

plaintiffdefendantjurisdictiondiscoverymotion
plaintiffdefendantjurisdictiondiscoverymotion

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Lethbridge, Matter of.

Facts

This wrongful death action arises from the crash of a British Aerospace 'Jetstream' aircraft near Springfield, Ohio, on February 9, 1988. The complaint alleges that the defendants, British Aerospace PLC ('PLC') and British Aerospace, Inc. ('INC') designed, manufactured, assembled, and sold the aircraft. While INC concedes that it is subject to personal jurisdiction in this Court, PLC does not, and it has moved to dismiss the complaint against it on grounds that it is not doing business in New York. The parties are conducting discovery in connection with that motion, and certain disputes have arisen.

This wrongful death action arises from the crash of a British Aerospace 'Jetstream' aircraft near Springfield, Ohio, on February 9, 1988. The complaint alleges that the defendants, British Aerospace PLC ('PLC') and British Aerospace, Inc. ('INC') designed, manufactured, assembled, and sold the aircraft. While INC concedes that it is subject to personal jurisdiction in this Court, PLC does not, and it has moved to dismiss the complaint against it on grounds that it is not doing business in New York. The parties are conducting discovery in connection with that motion, and certain disputes have arisen.

Issue

Whether British Aerospace PLC is subject to personal jurisdiction in New York and whether the discovery requests made by the plaintiff regarding jurisdictional ties are appropriate.

Whether British Aerospace PLC is subject to personal jurisdiction in New York and whether the discovery requests made by the plaintiff regarding jurisdictional ties are appropriate.

Rule

Personal jurisdiction may only be asserted over a defendant who is doing business in the state at the time the action is commenced. Discovery is not confined to business activities on the precise day on which the complaint is filed, as a continuous and systematic course of doing business is required for jurisdictional purposes.

Personal jurisdiction may only be asserted over a defendant who is doing business in the state at the time the action is commenced. Discovery is not confined to business activities on the precise day on which the complaint is filed, as a continuous and systematic course of doing business is required for jurisdictional purposes.

Analysis

The court found that INC's blanket refusal to respond to jurisdictional discovery concerning PLC was unfounded, as one party's admission regarding jurisdiction does not immunize it from discovery regarding another party's jurisdictional ties. The court also determined that the plaintiff was entitled to explore whether INC was operating as an agent or department of PLC, making its business activities in New York an appropriate target for discovery.

The court found that INC's blanket refusal to respond to jurisdictional discovery concerning PLC was unfounded, as one party's admission regarding jurisdiction does not immunize it from discovery regarding another party's jurisdictional ties. The court also determined that the plaintiff was entitled to explore whether INC was operating as an agent or department of PLC, making its business activities in New York an appropriate target for discovery.

Conclusion

The court ordered additional responses to the interrogatories that were appropriate, finding that the manufacturer was subject to personal jurisdiction as it acted through an agent of New York.

The court ordered additional responses to the interrogatories that were appropriate, finding that the manufacturer was subject to personal jurisdiction as it acted through an agent of New York.

Who won?

The plaintiff administrator prevailed in the case as the court ordered the manufacturer to provide additional responses to discovery requests, affirming the appropriateness of the inquiries regarding personal jurisdiction.

The plaintiff administrator prevailed in the case as the court ordered the manufacturer to provide additional responses to discovery requests, affirming the appropriateness of the inquiries regarding personal jurisdiction.

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