The Appellate Division, offering some guidance on the “alter ego theory” of jurisdiction, has ruled that an Indian pharmaceutical company cannot be sued in New Jersey Superior Court despite its subsidiary’s physical presence in the state.

The court, in a Dec. 29 published ruling in FDASmart v. Dishman Pharmaceuticals and Chemicals, found “insufficient evidence presented to pierce the corporate veil and impute Dishman USA’s New Jersey contacts to” Dishman Pharmaceuticals, which is based in India.

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