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Sunday, July 23, 2017

DUTCH RUN-MAYS DRAFT, LLC VS. WOLF BLOCK, LLP A-0922-15T4


DUTCH RUN-MAYS DRAFT, LLC VS. WOLF BLOCK, LLP
          A-0922-15T4
Reviewing a general jurisdiction challenge, the Appellate Division rejected plaintiff's argument asserting a foreign corporation's registration and acceptance of service of process in New Jersey constituted consent to submit to the general jurisdiction of the courts. Rather, the court adopted the circumscribed view stated in Daimler AG v. Bauman, 571 U.S. __, 134 S. Ct. 746 187 L. Ed. 2d 624 (2014), which requires a court focus on an entity's affiliation with the state, such as the place of incorporation or a continuous, systematic course of business, making the entity "at home" in the forum. Id. at __, 134 S. Ct. at 761, 187 L. Ed. 2d at 641. In light of Daimler, the court rejects the holding in Allied-Signal, Inc. v. Purex Inds., Inc., 242 N.J. Super. 362, 366 (App. Div. 1990), basing general jurisdiction solely on the fiction of implied consent by a foreign corporation's compliance with New Jersey's business registration statute.