Search Site
A number of lawyers have mentioned to me over the years that federal court is an option where the defendant cannot be sued in Massachusetts. Frankly, this is a misperception of civil procedure law. The federal court can exercise no greater in personam jurisdiction than the state court. There are constitutional considerations, specifically the due process clause of the fourteenth amendment, which require the defendant to have minimum contacts with the foreign state such that it will not offend traditional notions of fair play and substantial justice. Intl Shoe Co. v. State of Washington, 326 U.S. 310 (1945). Nothing has changed that rule of sixty- five years standing. The contacts between the defendant and the forum state must be sufficient to make it reasonable in the context of the federal system to require a defendant to defend the suit. Thus, whether in the state or federal court, if the defendant lacks contacts with the forum state the case will be dismissed. I guarantee that it doesn’t matter whether you bring a suit in state or federal court in terms of the personal jurisdiction question.
In a subsequent blog, I will examine the question of what constitutes the sufficient minimum contacts such that suit can be brought against a defendant. The long-arm statue , and Massachusetts has one, as set out in M.G.L.c. 223 A §3. Personal Jurisdiction Based Upon Acts or Conduct Within Commonwealth, goes a long way [excuse the pun] toward answering that question.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
-
5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
-
5.0/5.0
Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
-
5.0/5.0
My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
-
5.0/5.0
I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
-
5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
Awards & Affiliations
Contact us
