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december 2009

New York Court grants Bergeson, LLP’s Motion to Dismiss.

On December 23, 2009, the United States District Court for the Southern District of New York granted the motion to dismiss for lack of personal jurisdiction filed by Bergeson, LLP on behalf of its clients KCR Development and Annie Chan (“Chan”) in Bucephalus Alternative Energy Group, LLC v. KCR Development et al., United States District Court Southern District of New York, Case No. 08 Civ. 7343.  The Court found that Chan’s attenuated contacts with New York did not equate to Chan doing business in New York on such a systematic and continuous basis as to establish a general basis of jurisdiction.  The Court also found that the events giving rise to the action do not establish a specific basis of jurisdiction.  In addition, the Court found that Plaintiff’s “bald assertions do not carry its burden to show that KCR is subject to personal jurisdiction in New York.”  Daniel J. Bergeson, Caroline McIntyre, and Colin G. McCarthy represented KCR Development and Chan in the action.

 
 
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