County of Cumberland v. Kwap

The County of Cumberland, New Jersey, appeals the circuit court’s order denying its motion to dismiss for lack of personal jurisdiction. The court determined that the allegations in plaintiff Andrew W. Kwap’s complaint were sufficient to satisfy due process and justify the exercise of personal jurisdiction over the County. We reverse because the court failed to account for the County’s affidavit rebutting the allegations in the complaint.

Background

The County hired PTS America, LLC, an international prisoner extradition company, to transport Kwap from Palm Beach County to New Jersey. During…