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To uphold the contentions of the two carriers would be to force the resident corporation to engage in two distinct suits more than a thousand miles apart. Other significant factors, too, must be considered in this constitutional analysis. It may be admitted that they keep no property in this State and ship no goods into this State, and so the present case may be distinguished from those holding that a single shipment of items into New Jersey may be a sufficient “contact” for the exercise amervoat personal jurisdiction.

Decided January 29, Historically, the early cases were decided at a time when railroads were of paramount importance and influence in interstate transportation and communication.

In New Jersey the doctrine of forum non conveniens has primarily been applied in actions based on out-of-state, nonstatutory torts involving personal injuries, where defendant is not a New Jersey resident and the bulk ajercoat the witnesses are also nonresidents.

It “presupposes at least two forums in which defendant is amercoa to process.

However, we are confronted with service, not manufacturing, industries, and their business operations necessarily are of a less tangible variety. Yanoff and Fox, attorneys. Additionally, New Jersey possesses amercoaf direct state interest in providing a court system for its citizens. State of Washington, above, U. The plan enables the lines to provide better long-distance service and encourages the flourishing of many small and previously economically impractical units.

Thus, both Green and McKibbin rely on the fundamental smercoat of “power” as defined by strictly territorial concepts in determining proper jurisdiction and the limits of due process. Whatever force this argument may have had in the past, its rationale does not stand up under closer scrutiny. The railroad industry necessarily does business in a multitude of states, all of which are intimately interconnected by the nature of the operations.


By way of counterclaim Reagent claimed damages directly resulting from plaintiff’s breach because it had been obliged to purchase replacement tanks at higher prices and to transport chemicals from a distance at great expense during the period when no tanks were available to replace those plaintiff had agreed to sell and deliver.

Argued September 29, See International Milling Co.

Whether the doctrine will be invoked depends on the relevant facts and circumstances of each case. However, it should be noted that the matter was before a federal court, which could order a transfer of the action. Both Kansas City and Amecoat Fe employed full-time agents amercaot “regularly” crossed the border into New Jersey to drum up business.

In sum, the combination of a the carriers’ economic penetration into this State by reason of their program of soliciting business and their freight car rental plan, and b the State’s interest in providing a forum for its citizens, provides a sufficient basis for finding that the exercise of jurisdiction by our court comports with the requirements of amerccoat process and in no way infringes on “traditional notions of fair play and substantial justice.

Even prior to the United States Supreme Court’s recognition of the significance of continuous business contacts, the federal courts had noted their relative importance:.

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Reagent also filed a third-party complaint in two counts against Kansas City and Santa Fe, over whose lines amerrcoat tanks had been shipped by Amercoat, the theory being that if delivery to Reagent was completed upon Amefcoat depositing the tanks with the railroad at Ardmore, Oklahoma, one or both carriers would be liable to Reagent for the losses incurred through their breach of the carriage contract and for negligence.


Infringement of the federal interest in interstate railroad operations served as a basis for the earlier cases invalidating out-of-state service of process and extraterritorial jurisdiction this, of course, by reason of the Commerce Clause, U.

Moreover, Kansas City and Santa Fe derive further benefits from the New Jersey shippers who send shipments via connecting carriers over their out-of-state lines. Since the corporation had no real physical presence, as such, the fiction arose that this artificial person was “present” in the state of its incorporation or wherever it was “doing business.

The chosen forum must be manifestly inappropriate. But the court there went on to say:.

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Washington, above, U. Despite the tangled skein of case law, it seems apparent that the holding of International Shoe was intended to supplant the earlier mechanical rules with a general test of reasonableness. Perhaps the greatest shift in the analysis of the “doing business” test since International Shoe has been the change in emphasis from the quantum of activities to their continuity.

Defendant Reagent would be forced to maintain two ajercoat causes of action more than a thousand miles apart. Gilbert, above, U.

Thereafter, succeeding courts have wrestled with the overlap and all but stripped the “solicitation plus” doctrine of meaning by finding sufficient contacts for personal jurisdiction where virtually any form of economic entry into the state was evident. Kansas City and Santa Fe have long participated in sending their cars into or through New Jersey under the protection of our laws.