GEM Advisors, Inc. v. Corporación Sidenor, S.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the complaint was sufficient to establish an agency relationship for purposes of personal jurisdiction because it alleged: (1
• “‘Establishing the exercise of personal jurisdiction over an alleged alter ego requires application of a less stringent standard than that necessary to pierce the corporate veil for purposes of liability.’”
• reaching the same conclusion with respect to a compensation provision providing that the plaintiff's fee \shall be mutually agreed\ between the parties \in an average range of 2.0% ... of each Transaction Value\
• finding prima facie showing of jurisdiction satisfied where alleged facts supported “a conclusion that there is complete common ownership and control between the companies and that there is no separate operation between them”
• “The second element of fraud in New York is intent to defraud, or scienter, which includes knowledge of the falsity of the representation.” (citing Banque Arabe et Internationale D’Investissement v. Md. Nat’l Bank, 57 F.3d 146, 153 (2d Cir. 1995))
• “The second element of fraud in New York is intent to defraud, or scienter, which includes knowledge of the falsity of the representation.” (citing Banque Arabe et Internationale D’Investissement v. Md. Nat’l Bank, 57 F.3d 146, 153 (2d Cir. 1995))

Source: CourtListener parenthetical corpus (CC0).