New Jersey
How Altmann v. Republic of Austria applies in New Jersey: state-specific rules, key cases, and bar exam notes for Foreign Sovereign Immunities Act (FSIA) / Civil Procedure—Jurisdiction and Immunity.
New Jersey generally acknowledges the principles established in Altmann, particularly with regard to the waiver of sovereign immunity under the FSIA. The state recognizes that foreign entities may be subjected to lawsuits if they engage in commercial activities that have a substantial connection to New Jersey.
Under the New Jersey Tort Claims Act and the FSIA, foreign sovereigns may be liable for actions in the context of commercial activities, provided that those actions are sufficiently connected to the forum state.
The court held that foreign sovereigns could be subject to suit for actions taken in commercial contexts that provided sufficient jurisdictional links to New Jersey.
Confirmed that the exercise of jurisdiction over foreign entities is permissible when there is substantial business activity connected to New Jersey.
New Jersey's approach is largely aligned with the federal standard set forth in the FSIA, which provides that foreign sovereigns are immune from suit unless an exception applies, such as conduct related to commercial activities. However, New Jersey may allow for more expansive interpretations of jurisdiction in certain commercial contexts, particularly involving state-specific statutes.
Cases involving the FSIA and sovereign immunity are often tested in the New Jersey bar exam, emphasizing the need for an understanding of both state and federal standards regarding jurisdiction.