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By ALM Staff | Law Journal Newsletters |

In Consumer Product Cases, Little Contact Needed for NJ Jurisdiction

Writing that “[a] state has a strong interest in protecting its citizens from defective products, whether those products are toys that endanger children, tainted pharmaceutical drugs that harm patients, or workplace machinery that causes disabling injuries to employees,” Justice Barry Albin of the New Jersey Supreme Court announced in Nicastro v. McIntyre Machinery America Ltd, A-29-08, that product liability suits can be pursued in New Jersey state courts against foreign manufacturers whose only contact with the state is that one of their products is sold there through an independent distributor. All that is required to invoke this stream-of-commerce-based jurisdiction is for the foreign manufacturer to know of (or be reasonably be expected to have been aware of) the fact that its product would likely be distributed in the United States, to include the forum state of New Jersey.

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