Chat with us, powered by LiveChat Nicastro injured his hand while using a metal-shearing machine that J. McIntyre Machinery, Ltd. ( | WriteDen

Nicastro injured his hand while using a metal-shearing machine that J. McIntyre Machinery, Ltd. (

 

Nicastro injured his hand while using a metal-shearing machine that J. McIntyre Machinery, Ltd. (J. McIntyre), manufactured in England, where the company is incorporated and operates. Nicastro filed this products-liability suit in a state court in New Jersey, where the accident occurred, but J. McIntyre sought to dismiss the suit for want of personal jurisdiction. Nicastro's jurisdictional claim was based on three primary facts: A U. S. distributor agreed to sell J. McIntyre's machines in this country; J. McIntyre officials attended trade shows in several States, albeit not in New Jersey; and no more than four J. McIntyre machines (the record suggests only one), including the one at issue, ended up in New Jersey. The company knew that its US distributor can potentially sell the product in any state. The company did not advertise, travelled or contact any New Jersey resident. Do you think the J. McIntrye Machinery is subject to personal jurisdiction in the state of New Jersey? Why or why not?

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