Legal Question in Business Law in New Jersey

Venue for internet dispute

I have reason to believe that an entity I had purchased a website and computer software from has violated the ''non compete'' clause of our written agreement. May I file a claim in my home state, or must I file in the state of the other party?


Asked on 4/18/03, 2:38 pm

3 Answers from Attorneys
Edward Weinstein Law Office of Edward R. Weinstein

Re: Venue for internet dispute

Most "Non-COmpete" clauses specifically state the "Forum" (i.e., the State) which shall control. Otherwise, you can file in your home state.

As it would be my pleasure to speak to you regarding your potential law suit, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 4/21/03, 10:11 am
Walter LeVine Walter D. LeVine, Esq.

Re: Venue for internet dispute

If the contyract provided for a forum, you must honor it. If the claim meets the criteria, you may be able to sue in federal court, rather than state court, in which you can sue in the NJ federal court and have national jurisdiction. Part of the state issue question will also require a determination where the other entity does business. If it has any significant contacts in Nj, you can use the state courts. Worst case scenario- sue in NJ and take the judgment to the home state of the entity for enforcement.

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Answered on 4/19/03, 2:25 pm
Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Venue for internet dispute

The first thing to do is to check your written agreement - does it have a choice-of-forum provision? New Jersey courts routinely enforce these provisions with few exceptions (unequal bargaining power, strong public policy of the state, etc.).

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Answered on 4/18/03, 2:48 pm


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