GLOBAL CORP. v. EQUITAS LTD.

No. 53.

18 N.Y.3d 722 (2012)

2012 NY Slip Op 2251

GLOBAL REINSURANCE CORPORATION-U.S. BRANCH, Formerly Known as GERLING GLOBAL REINSURANCE CORPORATION-U.S. BRANCH, Respondent, v. EQUITAS LTD. et al., Appellants.

Court of Appeals of New York.

Decided March 27, 2012.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Kevin J. Arquit, Mary Kay Vyskocil, and Summer Craig, of counsel), and Simpson Thacher & Bartlett LLP, Washington, D.C. ( Arman Y. Oruc of counsel), for appellants.

Cahill Gordon & Reindel LLP, New York City ( Edward P. Krugman,   S. Penny Windle, and Lawrence A. Reicher, of counsel), for respondent.

Dewey & LeBoeuf LLP, New York City ( John M. Nonna,   Larry P. Schiffer and Daniel T. Stabile, of counsel), for Society of Lloyd's, amicus curiae.

Judges CIPARICK, GRAFFEO, READ and JONES concur with Chief Judge LIPPMAN; Judge SMITH concurs in a separate opinion, except insofar as Chief Judge LIPPMAN's opinion discusses whether the allegations of the complaint would state a claim under the federal antitrust laws, in which Judge PIGOTT concurs.


OPINION OF THE COURT

Chief Judge LIPPMAN.

At issue is the sufficiency and extraterritorial reach of plaintiff's claim under New York State's antitrust statute, commonly known as the Donnelly Act (General Business Law § 340 et seq.).

Plaintiff is a New York branch of a German reinsurance corporation. Defendants (hereinafter collectively referred to as Equitas) are London, England based entities engaged in the business of providing retrocessionary...

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