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New York law allows a non-resident who does not transact business in New York to be sued if the non-resident has committed a tortious act within the state of New York. Since King's website was created by a person physically in Missouri, there was no tortious act in New York and the court held that there was no personal jurisdiction over King.
Volumes of the McKinney's annotated version of the CPLR. The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York [1] and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability. [2]
Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case. Consider these examples:
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity ...
New York: McKinney's CPLR § 321 "A party...may prosecute or defend a civil action in person or by attorney." [1] New York: New York State Bar Association Code of Judicial Conduct Canon III b 6 "A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law" [36 ...