Category: Uncategorized

NJ Appellate Division Holds That Residency of Party Making First Contact in Long-Term Business Relationship Is Not “Jurisdictionally Dispositive”

Personal jurisdiction over an out-of-state defendant cannot be based on the unilateral acts of an in-state plaintiff. Instead, a New Jersey court may assert jurisdiction over a defendant only if that defendant “reached out” to New Jersey in some meaningful way. Consequently, when an out-of-state defendant is sued by an in-state plaintiff alleging a breach of contract, the court will often look to see which party initiated the contractual relationship when deciding whether it has jurisdiction over the defendant. In a recent published opinion, however, the New Jersey Appellate Division clarified that, depending on the particular facts of a matter, jurisdiction may be asserted over an out-of-state defendant even when an in-state plaintiff initiated the relationship. In Allure Pet Products, LLC v. Donnelly Marketing & Development LLC , the plaintiff, a New Jersey-based supplier of pet products, telephoned the defendant, a Utah-based organizer of trade shows, in 2011 to request booth space for a biennial trade show planned for 2012. The agreement was consummated, and the plaintiff exhibited at the 2012 trade show. In 2013, the defendant mailed to the plaintiff a “special offer” to renew its booth space for the 2014 show. The plaintiff accepted the offer and exhibited at the 2014 show. The same pattern held for the 2016 and 2018 shows: The...

Environmental Group’s David J. Freeman to Co-Chair NYSBA’s Superfund/Brownfield Program Update 2023

The New York State Bar Association Environmental & Energy Law Section is presenting a virtual conference on the state’s brownfield and federal Superfund programs on Tuesday, December 5. Gibbons’s David J. Freeman, Environmental Group Senior Counsel, is Co-Chair of the conference, which will feature a distinguished faculty comprising government officials, attorneys, and consultants in the field to review recent developments in both programs. In addition, Mr. Freeman will moderate the panel discussing the federal Superfund program. The CLE event will also feature a panel discussion on current issues in environmental insurance and an update on recent case law involving Superfund and brownfield issues. For more information about the program or to register to attend, please click here.