Boston, MA - July 13, 2015
A March 2015 dismissal of a Facebook defamation case obtained by DeMoura|Smith
for eight of its clients is one of the most important Massachusetts court
decisions thus far in 2015, according to
Massachusetts Lawyers Weekly.
DeMoura|Smith successfully obtained the dismissal for eight defendants
in a Massachusetts Superior Court Facebook defamation case brought by
the animal rescue organization, Let's Adopt! Global, Inc. In the lawsuit,
LAG named over thirty defendants 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.
After almost two years of jurisdictional discovery and evidentiary hearings
on the motions to dismiss, the Superior 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. Follow this link
for a copy of the decision in
Let's Adopt! Global, Inc. v. Macey et al.
In January, Massachusetts Lawyers Weekly recognized the Firm's successful
appeal in
Keane v Waggoner as one of 2014's Most Important Decisions.