GMR Wins New Jersey Motion to Dismiss on Forum Clause in Contract

Attorney Sean Dugan and Partner Robert Stein were granted dismissal in Bergen County, New Jersey, based on a Forum Clause within their client’s shipping contract.

Sean and Robert represented a Nevada-based trucking company that contracted with Plaintiff for interstate delivery of Plaintiff’s belongings from California to Louisiana. The job was originally sourced by a New Jersey broker who connected Plaintiff with the firm’s client. Plaintiff initially refused to accept the delivery when it arrived in Louisiana. He sought damages he claimed occurred during the original shipping or the storage and redelivery of his items after the denied delivery. Plaintiff alleged the appropriate forum based on the broker being domiciled in New Jersey as well as significant and continuous contacts with New Jersey. However, the contract provided for a Nevada-based forum and application of Nevada law.

Sean and Robert filed a Motion to Dismiss with supporting affidavits to complete the record. The Court agreed and granted dismissal as the Court did not have jurisdiction as neither Plaintiff nor Defendant resided in New Jersey, and Defendant did not travel through New Jersey when it delivered Plaintiff’s belongings.