DeJames v. Magnificence Carriers case brief summary
491 F.Supp. 1276 (1980)
Defendant shipbuilder filed a motion in
the court to dismiss a complaint against it that was filed by
plaintiff worker, who was injured while working aboard a vessel at a
pier in New Jersey.
CASE FACTS The shipbuilder entered into a contract
in Japan with defendant charterers of a vessel, and agreed to have
the vessel converted into an automobile carrier. The worker was
injured while performing some of that conversion work at a pier in
New Jersey, and brought an action for damages. The shipbuilder filed
a motion to dismiss, alleging insufficiency of service and lack of
personam jurisdiction, contending it did not maintain the requisite
contacts with the state to enable the court to render personal
judgment against it.
The court granted the motion, holding that the
degree and nature of the shipbuilder's contacts with the state did
not satisfy either the minimum contacts standard or the substantial
The shipbuilder did no business in the state, did
not maintain an office there, and did not employ any marketing or
distribution scheme to have its products sold there.
The court held
that, while it was true that very minimal contacts were required to
satisfy due process, there was still a requirement for some act by
which the shipbuilder purposefully availed itself of the privilege of
conducting activities within the state, and there was no such act.
CONCLUSION The court granted the shipbuilder's
motion to dismiss a case brought against it by a worker who was
injured while performing conversion work on its vessel.
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