Legal Question in Business Law in New Jersey

Different ''Venue'' State and ''Laws Applied'' State

Can a valid and enforceable contract specify that litigation under the contract must take place within the courts of one state (for example, NJ), while all contract disputes, including litigation, are to be governed by the application of the laws of another state (for example, CA)?

Thank you.


Asked on 3/28/03, 10:11 am

3 Answers from Attorneys
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Different ''Venue'' State and ''Laws Applied'' State

Yes. A court situated in one state can apply the law of another.

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Answered on 3/28/03, 10:30 am
Ronald Coleman Bragar Wexler & Eagel, PC

Re: Different ''Venue'' State and ''Laws Applied'' State

Yes, assuming there is some rationale for the connection to the venue and the applicable law.

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Answered on 3/28/03, 10:35 am
Walter LeVine Walter D. LeVine, Esq.

Re: Different ''Venue'' State and ''Laws Applied'' State

YES. FREQUENTLY CONTRACTS PROVIDE THAT LITIGATION IS TO TAKE PLACE IN ONE STATE, BUT APPLYING THE LAWS OF A DIFFERENT STATE. THIS USUALLY OCCURS WHEN THE CONTRACT IS TO BE CONTROLLED BY A SPECIFIC STATE'S LAW BUT THE PARTIES FIND IT MORE CONVENIENT TO HAVE THE CASE LITIGATED WHERE IT IS MORE CONVENIENT FOR THE PARTIES TO APPEAR.

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Answered on 3/28/03, 12:55 pm


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