Roch v. Mollica

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The Supreme Judicial Court reversed the order of the trial judge allowing Defendants’ motion to dismiss for lack of personal jurisdiction, holding (1) Massachusetts courts have personal jurisdiction over nonresident individuals who are served with process while intentionally, knowingly, and voluntarily in Massachusetts; and (2) Defendants in this case were served under these circumstances. Plaintiff, a New Jersey resident, sued Defendants, New Hampshire residents, in superior court. Plaintiff alleged negligence arising out of an incident that occurred in Florida. Defendants with served with in-hand process in Worcester. Defendants filed a motion to dismiss for lack of personal jurisdiction. The superior court allowed the motion, concluding that personal service in Massachusetts does not confer jurisdiction on the court. The Supreme Judicial Court reversed, holding that personal jurisdiction over Defendants comported with both State law and due process because Defendants were served while intentionally, knowingly, and voluntarily in Massachusetts. View "Roch v. Mollica" on Justia Law