NEWARK, N.J. (Legal Newsline) – California officials sued by a shower head-maker are challenging that company’s decision to file in its home state, New Jersey.
Wade Crowfoot, Drew Bohan and Melissa Rae King, of the California Natural Resources Agency and the California Energy Resources Conservation and Development Commission, filed a motion to dismiss Interlink Products’ lawsuit on July 27.
Interlink claims California is trying to impose its water flow restrictions on the rest of the country.
“Defendants have not availed themselves of any benefit in New Jersey, and it would offend traditional notions of fair play and substantial justice to hale the California officials into court in New Jersey,” the motion says.
“The events giving rise to the plaintiff’s claim all occurred in California, and venue is proper only there, where the California state officials reside, witnesses are located, lab testing occurred and where the local court can interpret California law.”
California has adopted regulations that require showerheads sold in the state to have a maximum water flow in order to conserve water.
But the state is now targeting sales that occur over the internet, the suit says.
“Defendants ignore the well-settled rule… that telephone, mail order and internet sales that are delivered to customers by common carrier take place at the location where the goods are transferred to the common carrier,” the lawsuit says.
“In Interlink’s case, its products that are pertinent to this lawsuit ship from New Jersey or locations other than California, and Interlink does not offer to make sales of those showerheads in California.”