New Jersey’s statute of limitations is tolled for a personal injury plaintiff who mistakenly sues in a court that lacks jurisdiction over the defendant, says the 3rd U.S. Circuit Court of Appeals.
“[W]e predict that if given the opportunity to rule on this issue, the Supreme Court of New Jersey would allow the equitable tolling of the New Jersey personal injury statute of limitations during the pendency of an action brought in a court which lacked personal jurisdiction over the defendant in those instances in which to do so would not offend the goals of the limitations statute,” the judges ruled on Tuesday in Jaworowski v. Ciasulli, No. 05-1423.
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