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APPALOOSA INV., L.P.I. v. J.P. MORGAN SEC., INC.

939 A.2d 257 (2008)

398 N.J. Super. 52

APPALOOSA INVESTMENT, L.P.I.; Palomino Fund Ltd.; Reliance Standard Life Insurance Co.; Mutual Shares Fund; Mutual Beacon Fund; Mutual Qualified Fund; Mutual Discovery Fund; Mutual European Fund; Mutual Beacon Fund Canada; Mutual Shares Securities Fund; Mutual Discovery Securities Fund; Franklin Natural Resources Fund; Franklin Natural Resources Securities Fund; and Franklin Gold and Precious Metal Funds, Plaintiffs-Respondents, v. J.P. MORGAN SECURITIES, INC.; BMO Nesbitt Burns Corp.; BMO Nesbitt Burns Securities, Inc., a/k/a BMO Nesbitt Burns, Inc.; Harris Nesbitt, Inc.; Bank of Montreal; SNC-Lavalin/Kilborn Engineering Pacific, Ltd.; and P.T. Kilborn Pakar Rekayasa; Defendants, and Barrick Gold Corp., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2008.

Attorney(s) appearing for the Case

Martin F. Cunniff, Washington, DC, argued the cause for appellant (Connell Foley, LLP, and Howrey, LLP, Roseland, attorneys; Mr. Cunniff, Mark D. Wegener, and Edward Han, Washington, DC, of counsel; Liza M. Walsh and Christine I. Gannon, Roseland, on the brief).

Jennifer Horan Greer (Gibbs & Bruns, LLP) of the Texas bar, admitted pro hac vice, Houston, TX, argued the cause for respondent (Hellring Lindeman Goldstein & Siegal, LLP, attorneys; Richard D. Shapiro, Newark, Ms. Greer, Kathy D. Patrick (Gibbs & Bruns, LLP) and Scott A. Humphries (Gibbs & Bruns, LLP) both of the Texas bar, admitted pro hac vice, Houston, TX, on the brief).

Before Judges COBURN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

COBURN, P.J.A.D.

Defendant Barrick Gold Corporation moved for dismissal of plaintiffs' complaint for lack of personal jurisdiction. The trial court denied the motion, and we granted Barrick leave to appeal. Barrick is located in Canada and its stock is traded on the Toronto stock exchange in Canada and on the New York Stock Exchange. As of the filing of the complaint, its...

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