Based Personal
If a person does business with an Internet based company and the parties reach an agreement, and the company either breaches the agreement or commits any form of fraudulent or deceptive business with the buyer, the buyer can sue the company in its original condition? The question becomes more complex or confusing if the defendant's place of business is unknown, and all of the Defendants business is conducted via the Internet. Even given this complex and confusing, a court would likely allow the buyer to sue in their home state holding that the court can establish personal jurisdiction over the defendant.
May a court exercising personal jurisdiction over a person (or company) acting directly or through an agent as a cause of action in law or in equity arising out of the person
(a) pay any company Massachusetts
(b) Contracting to supply services or things in the state
(c) causing tortuous injury by an act or omission in the state
(d) causing tortuous injury in the State by an act or omission outside this commonwealth, if he regularly does or solicits business or engages in a continuing course of conduct of others, or derives substantial revenue from goods used or consumed or services rendered in this republic …. GL c. 223A, Â § 3
In accordance with Article 3 (a), the "transacting any business" clause permits the court to exercise jurisdiction "if the defendant … in any case the Commonwealth, and if the alleged cause of action arose out of this business transaction. "Good Hope Indus. V. Ryder Scott Co., 378 Mass. 1, 6 (1979). A person doing business in the Community if the "deliberate acts by an individual, whether personal, private or commercial. "Ross v. Ross, 371 Mass. 439, 441 (1976). actual physical presence of a defendant in this court is not required to acquire personal jurisdiction under the company "transactions" clause. Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1 (1979).
It is also probable that the facts of this case bring it within section 3 (d) of the Statute long arm too. The first element requires the plaintiff to demonstrate that defendants' acts or omission caused tortious injury inside the Commonwealth. Cunningham v. Adrox. Inc., 40 Mass. App. Ct 279, 281 (1996). The applicant must then demonstrate that the defendant regularly does or solicits business In this forum, or engages in a continuing course of conduct of others in Massachusetts, or derives substantial revenue from goods used or consumed or services made in Massachusetts. v. Noonan Winston Co., 135 F.3d 85, 91 (1998). Websites have been used as one factor in determining whether the defendants seek regular activities for the purposes of paragraph 3 (d). Other courts have found that personal jurisdiction exists based on sites Internet Web. Web Site Activities of the person on non-resident companies as conferring Personal Personal under Long-Arm Statutes and Clause of legality 81 ALR 5th 41 (2000). A computer consulting firm has been found to regularly solicit business in this Commonwealth for Section 3 (d) of the Statute of the long arm, where he maintained a website which can be accessed continuously by residents of Massachusetts, and part of its advertising contained another company from Massachusetts as one of its new customers, who had company name recognition in the Commonwealth. Hasbro Inc., v. Clue Computing, Inc., 994 F. Supp. 34, 39 (1997).
Even if the literal requirements of the long-arm statute are satisfied, it must also be established that the exercise of jurisdiction under state law complies with the requirements of due process basis prescribed by the U.S. Constitution. Tatro c. Manor Care Inc., 416 Mass. 767 (1994). Jurisdiction is proper if the defendants also had minimum contacts with the forum state at the time of filing the complaint, such as the assertion of jurisdiction over the defendants would not be contrary to traditional notions of fairness and fundamental justice. Id
The forgoing article was drafted by the law office of Goldstein and Clegg, LLC, a Massachusetts corporate law firm.
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