Since 2007, the American Tort Reform Association has identified New Jersey as a judicial hellhole “in large part because it serves as a center for mass-tort actions, often directed at one of the state’s own economic generators, pharmaceutical manufacturers.” In June, the Research Institute and Manufacturers Alliance/MAPI found that New Jersey “runs the highest risk of litigation and high tort costs” of all states. It is no surprise then that several sources report that 93 percent of New Jersey mass-tort plaintiffs are out-of-state residents.
Venue Requirements in New Jersey
Although the influx of out-of-state plaintiffs burdens the state and the judiciary, the New Jersey Rules of Court permit these filings. Specifically, R. 4:3-2 permits venue to be laid by the plaintiff in any county where any party resides. For purposes of this rule, a corporate defendant’s residence is determined by “the county in which its registered office is located or in any county in which it is actually doing business.” Thus, for New Jersey-based corporations, a plaintiff residing in any state can come into New Jersey and sue it here.
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