A: In Massachusetts, District Courts have limited jurisdiction. For a court to exercise personal jurisdiction over a defendant, a plaintiff must first satisfy the Massachusetts Long-Arm Statute (the Statute). Although the court began its analysis with the presumption that a plaintiff’s choice of forum should rarely be disturbed, the court ultimately concluded that the defendant had borne his burden of showing both that an adequate alternative forum existed and that considerations of convenience and judicial efficiency strongly favored litigating the claim in the alternative forum. Cases in the District Court usually must be for less than $25,000, while suit in the Superior Court usually has to be for more than that amount. Federal District Court in Massachusetts Holds that Jurisdiction Outside the United States is More Convenient Forum for Boating Accident Case By John C. Manoog III One of the first considerations in a personal injury lawsuit in Massachusetts, such as a negligence claim arising from a Cape Cod boating accident, is the forum in which the plaintiff’s claim will be filed. Meet with a Capable Massachusetts Personal Injury Attorney. The plaintiffs’ cross motion for discovery was, accordingly, denied. As such, the court found that she failed to demonstrate that the court had jurisdiction under the Long Arm Statute based on any tortious conduct. In the subject case, the court found that the plaintiff had not alleged that the defendant’s contacts with Massachusetts set into motion the chain of events that caused the decedent’s harm, or that any of the alleged harm occurred in Massachusetts. Thank you and stay safe. 1441(a), a defendant has the right to remove any action from State court to a district court that has original jurisdiction. Although all of the parties were American citizens (the plaintiffs were from New York, and the defendant was from Massachusetts), the accident in question took place in Greece. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The dedicated Massachusetts personal injury attorneys of Karsner & Meehan possess the knowledge and skills to assist you in seeking a just outcome, and we will aggressively pursue any damages you may be owed. §§ 1345 and 1367(a). Court Discusses Employer Liability for the Acts of an Employee in Massachusetts, Massachusetts Court Defines Duties Physicians Owe to Parents of Minor Patients, Massachusetts Court Discusses a Landlord’s Liability for Failing to Remove Snow and Ice. In such a situation, it is up to the court system to decide which nation’s court will provide the more convenient forum based on the situation at hand. Under 28 U.S.C. Federal Diversity Jurisdiction . Jurisdiction Under the Massachusetts Long-Arm Statute. This Court may exercise personal jurisdiction over Regeneron pursuant to 31 You can contact us at 508-822-6600 or via our form online to schedule a complimentary and confidential consultation.
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