Kilinsky v. Bank Leumi Le-Israel, Ltd.
4/26/23, Per Curiam (Emas, Scales, and Miller)
Topics: Personal Jurisdiction
In this case, the party apparently agreed to personal jurisdiction in a foreign court and then tried to argue the foreign judgment was not enforceable in American courts because the foreign court lacked personal jurisdiction over him. The DCA rejected the argument.
An out-of-country foreign judgment will be recognized as enforceable in American courts and not disregarded based on possible lack of personal jurisdiction if the defendant, prior to the commencement of the proceedings, agreed to submit to the jurisdiction of the foreign court with regard to the subject matter involved in the final judgment.
If the defendant raised the issue of personal jurisdiction in the foreign court, he can avoid the judgment in American courts if he can demonstrate that the foreign court lacked personal jurisdiction, but he bears the burden to show a reason for non-recognition if the foreign judgment, on its face, awarded a monetary sum certain and was final, conclusive, and capable of enforcement.