DeMoura|Smith has successfully obtained dismissal for eight defendants in a Massachusetts Superior Court defamation case. In a March 19, 2015 decision, the Worcester Superior Court found that exercising personal jurisdiction over DeMoura|Smith's clients, none of whom resided in Massachusetts, would violate their due process rights. The court's decision is found in Let's Adopt! Global, Inc. v. Macey.

The animal welfare organization, Let's Adopt! Global, Inc., brought suit alleging the defendants made a series of Facebook posts to defame and damage the organization. LAG is a Massachusetts corporation, founded in Turkey, and participating in global animal rescues. LAG named over thirty defendants in the suit and cited Facebook posts and internet radio broadcasts as the basis for its claims. Some posts encouraged readers to contact the Massachusetts Attorney General's office about LAG. Some of the defendants had written to the Massachusetts Attorney General about LAG. None of the posts or broadcasts originated in Massachusetts. All of the defendants were from other states and countries.

The parties engaged in almost two years of jurisdictional discovery and hearings on the motions to dismiss. After hearing the evidence, the court found that appearing in Massachusetts to defend the lawsuit would be overly burdensome to these defendants and the Massachusetts' social policy of protecting petitioning activity outweighed LAG's choice of courts and the state's interest in adjudicating the case. The Judge concluded that the exercise of personal jurisdiction over these defendants would "offend traditional notions of fair play and substantial justice." Ken DeMoura from DeMoura|Smith represented the defendants and obtained the dismissal.

Posted on Apr | 2015
Experienced Advocates | Effective Solutions