Kreutter v. McFadden Oil

In Kreutter v. McFadden Oil, 71 NY2d 460 (1988) the individual defendant, Downman, was involved in a transaction where plaintiff, a New York resident, purchased an oil rig from co-defendant McFadden Oil, a Texas oil company. The parent of McFadden Oil, McFadden Company, maintained its principal place of business in New York and was used in the transaction to filter money through co-defendant Harmony Drilling Co., Inc, another Texas entity which was owned and controlled by Downman and his wife. Due to McFadden Company's presence in New York and involvement in the transaction, the Court found that jurisdiction could be exercised over all of the corporate defendants (Id. at 467). Downman, however, asserted the "fiduciary shield doctrine," and argued that there was no basis for jurisdiction over him because "no claim could be asserted against an individual nonresident defendant whose only contact with New York was his execution of a contract here on behalf of his corporate employee" (Kreutter, 71 NY2d at 468). However, the Court of Appeals rejected the doctrine and found that it was not available to defeat jurisdiction under the New York long-arm statute because the due process clause already provides adequate protections to individual defendants. The Court also found that notions of fair play and substantial justice were not offended by haling Downman into Court inasmuch as he was a principal actor in the transaction and would, at the very least, enter the jurisdiction to testify at trial even if no jurisdiction were asserted over him (Id. at 471).