Outside Counsel

A.5918: Unconstitutional, Unwise and Futile Effort to Expand N.Y. Courts' Jurisdiction

, New York Law Journal


Marc J. Gottridge and Lisa J. Fried argue: Assembly bill A.5918 would codify the hoary fiction that applying for registration to do business in New York "constitutes consent to the jurisdiction of the courts of this state for all actions against such corporation." This proposal is a legal fool's errand, almost certain to be held unconstitutional, that undermines Albany's boast that the "climate for doing business in New York has never been better."

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What's being said

  • Ruth Bader Zinburger

    I trust you are aware that there is a difference between the law and a "service agreement".

  • J. Madison

    Corporations routinely declare that persons waive their constitutional right to a trial by jury through unilateral terms of service agreements. Do the authors agree that such waivers similarly constitute fictitious consent which bears little resemblance to true, bargained-for agreement?

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