Becker & Poliakoff

Becker Attorneys Win Dismissal of New Jersey Action on Jurisdictional Grounds

Becker Attorneys Win Dismissal of New Jersey Action on Jurisdictional Grounds

Becker & PoliakoffOn April 30, 2020, a New Jersey state Superior Court judge dismissed with prejudice a complaint against a Mexican resort owner filed by a guest in connection with an incident that allegedly occurred at the resort. Becker attorneys Robert Rabinowitz and Sarah Klein represented the defendant in the case.

The case was filed in New Jersey Superior Court in Mercer County (Trenton) New Jersey where the alleged victim resided at the time of the alleged incident. Becker defended the claim by filing a motion to dismiss based on the ground that New Jersey courts did not have personal jurisdiction over the resort owner who had no minimum contacts with New Jersey. The plaintiff was an invited guest to a wedding that was being held by her friend at the resort in Cancun, Mexico, and was not targeted by the resort through advertising or any other outreach attempts to New Jersey residents.

After allowing for limited discovery on jurisdictional grounds, the Court found that the New Jersey courts did not have personal jurisdiction over our client and dismissed the case, with prejudice.