NJ Court Denies Forum Shopping Appeal Over TCPA Dismissal

Law360, New York (January 25, 2013, 7:35 PM EST) -- A New Jersey appeals court on Friday ruled that the named plaintiff of a putative class action accusing a legal publishing company of sending unsolicited fax advertisements was not improperly forum shopping when he voluntarily dismissed his state complaint and filed a similar action in federal court.

Gann Law Books Inc. asked the appeals court to keep the action in state court, arguing that it had already spent substantial time and energy responding to the state court litigation and insisting that named plaintiff Nicholas Fitzgerald's dismissal...
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