Opinion

Nicastro v. McIntyre MacHinery America, Ltd.

  • 201 N.J. 48
  • 987 A.2d 575
  • 2010 N.J. LEXIS 19
Court
Supreme Court of New Jersey
Filed
Feb 2, 2010
Status
Published
Author
Rivera-Soto
On the bench
Albin, Hoens, Rivera-Soto
Cited by
72 cases

Reversed on other grounds by J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011)

noting that the British manufacturer’s marketing efforts in the United States lasted froml990 to 2005

How later courts described this case

  • noting that the British manufacturer’s marketing efforts in the United States lasted froml990 to 2005
  • characterizing ruling as “reaffirm[ing] the reasoning” of an earlier decision
  • exercise of long-arm jurisdiction

Written by the judges who cited it.

The opinion

Justice RIVERA-SOTO,

dissenting.

In all respects, I wholeheartedly join in Justice Hoens’s thoughtful, comprehensive and scholarly dissent. I write separately, however, solely to urge explicitly a point implied in Justice Hoens’s dissent.

*100 The majority’s decision implicates and, in large and sweeping swaths, upends established notions of constitutional decision making that form the bedrock of our federal system. In so doing, it offends those core federalist concepts that rightly and'prudentially limit the exercise of any one state’s judicial power via the invocation of long-arm jurisprudence. It, therefore, cannot be allowed to stand. Because the majority “has decided an important federal question in a way that conflicts with” settled federal constitutional principles, Swp.Ct. R. 10(b), creates a new, insubstantial, and meaningless standard for the unbounded exercise of long-arm jurisdiction, and disturbs the careful balance that limits the exercise of judicial power between and among the several states, this decision is ripe for review and correction by the Supreme Court of the United States.

For affirmance and remandment—Chief Justice RABNER and Justices LONG, LaVECCHIA, ALBIN and WALLACE—5.

For reversal—Justices RIVERA-SOTO and HOENS—2.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.