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COONS v. AMERICAN HONDA MOTOR CO.

94 N.J. 307 (1983)

463 A.2d 921

WALTER P. COONS, PLAINTIFF-RESPONDENT, v. AMERICAN HONDA MOTOR CO., INC., A CORPORATION, ET AL., DEFENDANTS, AND HONDA MOTOR COMPANY, LTD. OF JAPAN, A CORPORATION, DEFENDANT-APPELLANT, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 3, 1983.

Attorney(s) appearing for the Case

John I. Lisowski argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys).

Robert H. Jaffe argued the cause for respondent (Jaffe & Schlesinger, attorneys; Robert H. Jaffe, Howard G. Schlesinger, and Louis A. DiMare, Jr., on the brief).

Harry Haushalter, Deputy Attorney General, argued the cause for intervenor-respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Harry Haushalter and Adrienne L. Isacoff, Deputy Attorney General, on the brief).

I. Michael Greenberger, a member of the District of Columbia bar, argued the cause for amicus curiae Brinco Mining Limited (Lum, Biunno & Tompkins, attorneys).

Raymond M. Tierney, Jr., submitted a brief on behalf of amicus curiae G.D. Searle & Co. (Shanley & Fisher, attorneys).

Walter R. Cohn submitted a brief on behalf of amici curiae Walter Cohn and Susan Cohn (Walter R. Cohn, attorney; Thomas E. Cohn, on the brief).

Philip A. Tortoreti submitted a brief on behalf of amicus curiae Karl Asch, Esq., (Karl Asch, attorney).

The opinion of the Court was delivered by CLIFFORD, J.

This appeal addresses the interpretation and validity, in the context of the Commerce Clause, of N.J.S.A. 2A:14-22, which tolls the running of the applicable statute of limitations in actions against foreign corporations that are not "represented" in this state. Before reaching the constitutional question we must determine how a foreign corporation may be "represented" in New Jersey in order to avoid the...

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