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.