U.S. Court of Appeals for the Second Circuit
Domiciliary — Economic Harm
Troma Entertainment v. Robbins, et al.
Judges Jacobs, Sack and Rakoff
Background: The plaintiff appealed from a judgment dismissing its lawsuit for lack of personal jurisdiction over the defendants for improper venue. The plaintiff alleged that the defendants are domiciled in New York and that the defendants’ conduct caused the plaintiff loss of profits when they sold the rights to German-language DVDs of the plaintiff’s movies. This conduct did not occur in New York.
Ruling: The Second Circuit affirmed. The court held that the plaintiff’s allegations concerning personal jurisdiction failed to establish a non-speculative and direct New York-based injury that goes beyond economic losses suffered in the state.
Stuart Reiser of Shapiro, Croland, Resier, Apfel & Di Iorio for the plaintiff-appellant; Lance H. Robbins and King Brett Lauter, pro se