HONDA MOTOR COMPANY, LTD. v. COONS, 469 U.S. 1123 (1985)
U.S. Supreme Court
HONDA MOTOR COMPANY, LTD. v. COONS , 469 U.S. 1123 (1985)469 U.S. 1123
HONDA MOTOR COMPANY, LTD.
v.
Walter P. COONS
No. 84-385
Walter P. COONS
v.
HONDA MOTOR COMPANY, LTD
No. 84-591
Supreme Court of the United States
January 7, 1985
On petitions for writs of certiorari to the Supreme Court of New Jersey.
The petitions for writs of certiorari are denied.
Justice REHNQUIST, dissenting.
In his cross-petition for certiorari Walter P. Coons seeks review of the New Jersey Supreme Court's holding that the New Jersey tolling statute, N.J.Stat.Ann. 2A:14-22 (West 1952), violates the Commerce Clause of the United States Constitution because it tolls the statute of limitations for claims against corporations not represented in New Jersey. Coons v. American Honda Motor Co., 94 N.J. 307, 463 A.2d 921 (1983). We upheld the constitutionality of this statute against equal protection and due process challenges in G.D. Searle & Co. v. Cohn, 455 U.S. 404 (1982). We expressly reserved the Commerce Clause question in Searle because the applicable New Jersey law was unclear. Id., at 413-414. We also vacated the judgment below and remanded to New Jersey courts a previous appeal arising out of Coons' lawsuit, for reconsideration in light of Searle. Honda Motor Co. v. Coons, 455 U.S. 996 (1982). That remand resulted in the New Jersey Supreme Court holding here, which Coons claims misapplies the Commerce Clause. Coons' suit has clarified the New Jersey law on the subject, and in striking down the New Jersey statute I think that the Supreme Court of New Jersey has gone beyond any of our Commerce Clause decisions. I would grant certiorari to review its decision.
Coons was burned badly when the fuel filler cap on his Honda
motorcycle malfunctioned during a collision. New Jersey provides a
2-year statute of limitations for the type of injury suffered by
Coons. N.J.Stat. Ann. 2A:14-2 (West 1952). Coons waited four years,
however, and brought suit in state court against Honda Motor Co.
(American Honda) and its parent Honda Motor Co. of Japan (Honda of
Japan). American Honda had a certificate to do business in New
Jersey, as required by N.J.Stat.Ann. 14A:13-4 (West 1969); Honda of
Japan had no certificate. Because Honda of Japan had no certificate
it was not "represented" in New Jersey under N. J.Stat.Ann.
2A:14-22 (West 1952), and that statute therefore tolled the 2-year
limitations period for all unrepresented corporations. [Footnote 1] Thus American Honda
[469 U.S. 1123 ,
1125]
U.S. Supreme Court
HONDA MOTOR COMPANY, LTD. v. COONS , 469 U.S. 1123 (1985) 469 U.S. 1123 HONDA MOTOR COMPANY, LTD.v.
Walter P. COONS
No. 84-385 Walter P. COONS
v.
HONDA MOTOR COMPANY, LTD
No. 84-591 Supreme Court of the United States January 7, 1985 On petitions for writs of certiorari to the Supreme Court of New Jersey. The petitions for writs of certiorari are denied. Page 469 U.S. 1123 , 1124 Justice REHNQUIST, dissenting. In his cross-petition for certiorari Walter P. Coons seeks review of the New Jersey Supreme Court's holding that the New Jersey tolling statute, N.J.Stat.Ann. 2A:14-22 (West 1952), violates the Commerce Clause of the United States Constitution because it tolls the statute of limitations for claims against corporations not represented in New Jersey. Coons v. American Honda Motor Co., 94 N.J. 307, 463 A.2d 921 (1983). We upheld the constitutionality of this statute against equal protection and due process challenges in G.D. Searle & Co. v. Cohn, 455 U.S. 404 (1982). We expressly reserved the Commerce Clause question in Searle because the applicable New Jersey law was unclear. Id., at 413-414. We also vacated the judgment below and remanded to New Jersey courts a previous appeal arising out of Coons' lawsuit, for reconsideration in light of Searle. Honda Motor Co. v. Coons, 455 U.S. 996 (1982). That remand resulted in the New Jersey Supreme Court holding here, which Coons claims misapplies the Commerce Clause. Coons' suit has clarified the New Jersey law on the subject, and in striking down the New Jersey statute I think that the Supreme Court of New Jersey has gone beyond any of our Commerce Clause decisions. I would grant certiorari to review its decision. Coons was burned badly when the fuel filler cap on his Honda motorcycle malfunctioned during a collision. New Jersey provides a 2-year statute of limitations for the type of injury suffered by Coons. N.J.Stat. Ann. 2A:14-2 (West 1952). Coons waited four years, however, and brought suit in state court against Honda Motor Co. (American Honda) and its parent Honda Motor Co. of Japan (Honda of Japan). American Honda had a certificate to do business in New Jersey, as required by N.J.Stat.Ann. 14A:13-4 (West 1969); Honda of Japan had no certificate. Because Honda of Japan had no certificate it was not "represented" in New Jersey under N. J.Stat.Ann. 2A:14-22 (West 1952), and that statute therefore tolled the 2-year limitations period for all unrepresented corporations. [Footnote 1] Thus American Honda Page 469 U.S. 1123 , 1125 successfully asserted a statute of limitations defense to Coons' complaint, but Honda of Japan could not. A divided New Jersey Supreme Court held that interstate commerce was unconstitutionally burdened by 14-22's requirement that a foreign corporation must qualify to do business in New Jersey before it could avail itself of the statute of limitations provided in N.J.Stat.Ann. 2A: 14-2 (West 1952). The court relied on, inter alia, our holdings in Allenberg Cotton Co. v. Pittman, 419 U.S. 20 ( 1974), and Sioux Remedy Co. v. Cope, 235 U.S. 197 (1914), to describe the tolling statute as a "forced-licensure provision," which when placed on corporations engaged in interstate commerce amounted to a "per se " violation of the Commerce Clause. 94 N.J ., at 316-319, 463 A.2d, at 926-927. Although both Allenberg Cotton and Sioux Remedy involved States which closed their courts entirely to foreign corporations, the New Jersey Supreme Court held that the rationale of those cases extended to the mere tolling of a statute of limitations against corporations unrepresented in the State. I am not so sure that Allenberg Cotton and Sioux Remedy can be taken so far. The States involved in those cases totally barred foreign corporations from the state courts. Thus out-of-state corporations which entered into contracts in-state had no forum in which to enforce those contracts, and out-of-state competition was effectively precluded. New Jersey, however, provides greater protection to the contractual and legal interests of foreign corporations. For example, N.J.Stat.Ann. 14A:13-11 ( West 1969), states in part: