I’ve Been Sued In New Jersey
When your out-of-state business is served with a New Jersey court summons by a process server, many questions are likely to run through your mind. You may wonder about legal questions like, what your company could have done to subject itself to New Jersey law. Or, you may wonder if New Jersey law has provisions that are unique to the state. Perhaps your concerns are more practical in nature. After all, who is going to travel to New Jersey for court appearances? Who in your organization is qualified to appear before a New Jersey tribunal and competently defend your business?
Maselli Warren, P.C. has more than 30 years of combined experience in litigating matters in New Jersey. If you are seeking representation for a lawsuit that has been filed in either the Law Division or Special Civil Part of New Jersey’s Superior Court, we may be able to protect your business.
Challenging the Jurisdiction of the Court
In some matters where it would be unfair unjust for a New Jersey court to assert jurisdiction, we may challenge the jurisdiction and move to dismiss or transfer the action. It is black letter law that a court must not only have subject matter jurisdiction, that is the power to hear cases of this type, but also personal jurisdiction over the matter.
New Jersey case law holds that a New Jersey court may exercise its long-arm jurisdiction over an out-of-state individual or corporation. However that exercise may only be to the extent permitted by the due process of law and traditional notions of having some minimum contact with the state. Generally speaking, the mere existence of a contract however is not enough to satisfy these requirements. Rather something more, such as intentionally directing its wrongful conduct towards New Jersey, is generally required. Questions of whether a company has subjected itself to the jurisdiction of a state is typically a complex and fact specific analysis. Further, one or more forum selection clauses may add an additional layer of complexity. Our attorneys can analyze this issue and bring the appropriate action should it appear that the suit was improper.
Attorneys Defend a Broad-Array of Commercial Litigation Claims
Your company does not pick and choose the disputes it enters into, therefore a relationship with experienced attorneys who are able to handle a broad-array of matters can be extremely advantageous. Our attorneys can represent you in many disputes including:
- Employment claims – Sometimes after an employment reputation breaks down, the employee or former employee may perceive comments as discrimination or improper. We work to defend your company’s reputation against allegations of this type.
- Non-compete agreements – Many companies require employees to sign restrictive covenants that can limit future employment or prohibit employees from poaching former clients. We can work with you to enforce these agreements.
- Breach of contract – While companies attempt to anticipate and solve forseeable issues, sometimes mistakes are made or conditions change unexpectedly. We work to minimize the damages your company might experience
- Infringement of trade secrets, copywriter, trademarks or patents – If your company has been accused of improperly obtaining and using protected information, we can defend you. In contrast, if a New Jersey company is improperly using your intellectual property, we can pursue a claim.
The above is not a comprehensive list of our services and is merely a sample to familiarize you with our practice. If you have a concern in one of the previously mentioned areas or have a different type of business dispute, contact Maselli Warren, P.C. today. You can call us at (800) 850-0491, or contact us online today.