Search Site
Menu

Don't think you can make a federal case of it.

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Colleen Santora Has been amazing throughout this whole process. I am 100% satisfied with how she has been there and represented me.

    Read more

    Nicholas Lugo

  • google
    5.0/5.0

    I worked with Perry Feinberg, as my personal injury attorney for an auto accident, Perry was very responsive, and available to answer all my questions. They are good at communicating with you and keep you informed. I’m finally able to put this acc...

    Read more

    Veronica Pleitez

  • google
    5.0/5.0

    Some of the best lawyers I have ever had very caring and friendly they helped me and my family tremendously, I would 100 percent recommend them and not look any further they will get the job done.

    Read more

    Brandon Welliver

  • google
    5.0/5.0

    Colleen Santora and Robert Feinberg at Feinberg and Alban treated my husband and I like family. Their concern for us felt personal and genuine. Colleen and Rob always kept on the details of my case fighting for me and guiding me along during a stress...

    Read more

    Marchant

  • google
    5.0/5.0

    Colleen was excellent to work with- great communication from start to finish. Highly recommend!

    Read more

    Paige Duane

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form