HIGHLAND CRUSADER v. TARGETED

653486/16, 10600.

184 A.D.3d 116 (2020)

124 N.Y.S.3d 346

2020 NY Slip Op 02991

HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P., et al., Respondents-Appellants, v. TARGETED DELIVERY TECHNOLOGIES HOLDINGS, LTD., et al., Appellants, and CELTIC PHARMA DEVELOPMENT SERVICES BERMUDA, LTD., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 21, 2020.


Attorney(s) appearing for the Case

Wiggin and Dana LLP, New Haven, CT ( Jonathan M. Freiman of the Connecticut and Pennsylvania bars, admitted pro hac vice, of counsel), and Wiggin and Dana LLP, New York City ( Steven B. Malech and Michael L. Kenny, Jr. ), for Targeted Delivery Technologies Holdings, Ltd. and others, appellants, and Celtic Pharma Development Services Bermuda, Ltd., respondent.

Milbank LLP, New York City ( Scott A. Edelman , Alison Bonelli and Will B. Denker of counsel), for Auven Therapeutics Management LLLP, appellant.

Stinson LLP, New York City ( Kieran M. Corcoran of counsel), for Highland Crusader Offshore Partners, L.P., respondent-appellant.

Reid Collins & Tsai LLP, Austin, TX ( Craig A. Boneau of the Texas bar, admitted pro hac vice, of counsel), and Reid Collins & Tsai LLP, New York City ( William T. Reid, IV and Ryan M. Goldstein of counsel), for Highland Credit Opportunities CDO, Ltd., and others, respondents-appellants.

ACOSTA, P.J., RENWICK, KAPNICK and GONZÁLEZ, JJ., concur.


OPINION OF THE COURT

On this appeal, we are asked to consider, among other issues, whether jurisdiction may be exercised over defendants by virtue of their close relationship with signatories to the contracts that contain forum selection clauses, notwithstanding that defendants...

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