Joseph Montoro d/b/a Imagine That v. the Penwell Publishing Company, United States District Court for the District of New Jersey, Civil Action No. 93-542 (MTB)
We represented defendant Ron Scott, Inc. ("Ron Scott"), a Texas corporation. Plaintiff alleged that Ron Scott had engaged in a conspiracy with plaintiffs' competitors to prevent plaintiff from advertising in a national publication. Plaintiff alleged that Ron Scott was liable for, among other things, violating the Sherman Antitrust Act and for tortious interference. Plaintiff brought suit against Ron Scott in New Jersey claiming that New Jersey had jurisdiction over Ron Scott because the effects of the allegedly tortious conduct were felt by plaintiff in New Jersey.
We moved to dismiss plaintiff's complaint for lack of personal jurisdiction. The District Court judge granted our motion. She held that plaintiff's allegation that it had suffered some harm in New Jersey was not sufficient to support personal jurisdiction under the "effects" test. Rather, she held that the effects test was only proper where the harm was specifically directed to a plaintiff in New Jersey. Plaintiff could make no showing that that was the case in this matter.
To view this decision, please see Joseph Montoro d/b/a Imagine That v. the Penwell Publishing Company