The Appellate Division brief in this oft-cited, precedent-setting case, reported as Kubis & Perszyk Assocs. v. Sun Microsystems, 680 A.2d 618 (N.J. 1996), in which the New Jersey Supreme Court ruled that forum selection clauses in franchise agreements are presumptively invalid. Unfortunately I was no longer with the Lowenstein firm when that decision was rendered by the state Supreme Court, and therefore I was not credited on the Supreme Court papers. They are essentially the same as these, however, which were unsuccessful in the Appellate Division.
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