Legal Opinion · Dissent

C.A.M. v. R.A.W.

New Jersey Superior Court Appellate Division

Decided January 9, 1990Published

1Dissent

STERN, J.A.D.,

dissenting.

The issue before us is not whether plaintiff has alleged sufficient facts to satisfy the elements of the various claims she asserts. Rather, the question is only whether that issue and others related to her claims can be addressed in the courts of New Jersey. The trial judge dismissed the complaint only because there is “a clear jurisdictional reluctance to support a cause of action based on fraudulent misrepresentation of one’s ability to have or not have a child.” He concluded that “the Court’s reluctance extends from an unwillingness to introduce state authority…

2Cases cited17 opinions

  1. Berman v. AllanSupreme Court of New Jersey · 1979
  2. Merenoff v. MerenoffSupreme Court of New Jersey · 1978
  3. Tevis v. TevisSupreme Court of New Jersey · 1979
  4. University of Arizona Health Sciences Center v. Superior CourtArizona Supreme Court · 1983
  5. Procanik by Procanik v. CilloSupreme Court of New Jersey · 1984

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