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Interesting opinion out from the Second Circuit today, Ehrenfeld v. Mahfouz, No. 06-2228-cv (2d Cir. Mar. 3, 2008). The Court had certified to the New York Court of Appeals

whether New York’s long-arm statute confers personal jurisdiction over a person (1) who sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed entirely from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject of the suit in New York.

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The New York Court of Appeals answered the certified question in the negative and so the Second Circuit affirmed the district court, which had dismissed the case for lack of personal jurisdiction.

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Query whether there is now a circuit split between the Second and Ninth Circuits when one also considers Yahoo! Inc. v. La Ligue Contre Le Racisme et L’antisemitisme (9th Cir. 2006)?

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