The new year marks the 200th anniversary of McCulloch v. Maryland, a landmark decision on the supremacy of federal law. Courts are still grappling with federal-state relations, as reflected in the recent Second Department decision in People ex rel. Wells v. DeMarco, holding that state and local law enforcement officers lack authority under New York law to effect arrests for violations of federal civil immigration violations. Below we report on DeMarco and other recent decisions from the Appellate Divisions.

First Department

Personal Jurisdiction. Does the state in which an automobile accident occurs have personal jurisdiction over the insurer where the policy expressly covers any accident within the United States? Addressing this issue of first impression, the First Department in Repwest Insurance Co. v. Country-Wide Insurance Co., 166 A.D.3d 61 (1st Dept. 2018), answered in the negative.