OneBeacon America Insurance v. Newmont Mining Corp.

With regard to the first order under review, assuming arguendo that New York has general jurisdiction over Newmont, it does not have jurisdiction over Dawn as a mere department of Newmont. As stated in the case on which plaintiffs and the *555insurer defendants primarily rely, “New York courts regard one factor as essential to the assertion of jurisdiction over a foreign related corporation . . . Th[at] essential factor is common ownership . . . [N] early identical ownership interests must exist before one corporation can be considered a department of another corporation for jurisdictional…