The Massachusetts Long Arm Statute, M.G. L. c. 223A § 3, states:
A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s
(a) c. 223A § 3in this Commonwealth,
(b) Contracting to supply services or things in this Commonwealth,
(c) Causing tortious injury by an act or omission in this Commonwealth, [or]
(d) Causing tortious injury in this Commonwealth by an act or omission outside of this Commonwealth if he regularly does or solicits business or engages in any persistent course of conduct or derives substantial revenue from goods used or consumed or services rendered, in this Commonwealth; . . . .
The Massachusetts long arm statute is very helpful when you do not have a forum selection clause or personal jurisdiction clause in your contract or credit application.
Section 3(a) must be construed broadly. Good Hope Indus., Inc. v. Ryden Scott Co., 378 Mass. 1 (1979); Hannon v. Beard, 524 F. 3d 278, 280 (1st Cir. 2008). Any effect a nonresident defendant’s activity may have had upon commerce in Massachusetts is considered in determining whether it transacted business in the Commonwealth. Droukas v. Divers Training Academy, Inc., 375 Mass 149 (1978). Indeed, “merely a few acts on [a defendant’s] part can often suffice to satisfy [subsection 3(a)]’s threshold for transacting business.” Best in Sports, Inc. v. Olympiakas Basketball Club of Greece, 2010 U.S. Dist. Lexis 140188 (Bowler, J., 2010) quoting The Scuderi Group, LLC v. LGD Tech., LLC, 575 F. Supp. 2d 312, 319 (D. Mass. 2008).
Often the “transacting business test” is importantly informed by ascertaining whether debtor and/or his agents initiated or solicited a business transaction in Massachusetts that is the subject of the suit.
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