Azoth LLC v. Ameri-Kal, LLC, 18-11922-RWZ. (2019)
Court: District Court, D. Massachusetts
Number: infdco20190104a03
Visitors: 7
Filed: Jan. 03, 2019
Latest Update: Jan. 03, 2019
Summary: ORDER RYA W. ZOBEL , Senior District Judge . Defendant's motion to dismiss is denied. Exercising personal jurisdiction over defendant is proper under Massachusetts' long arm statute and comports with the U.S. Constitution because defendant purposefully solicited plaintiff in Massachusetts and, having met with success, shipped product to the Commonwealth and soon thereafter entered into the contract that is the subject of this action. Venue is likewise proper under 28 U.S.C. 1391(b)(2), an
Summary: ORDER RYA W. ZOBEL , Senior District Judge . Defendant's motion to dismiss is denied. Exercising personal jurisdiction over defendant is proper under Massachusetts' long arm statute and comports with the U.S. Constitution because defendant purposefully solicited plaintiff in Massachusetts and, having met with success, shipped product to the Commonwealth and soon thereafter entered into the contract that is the subject of this action. Venue is likewise proper under 28 U.S.C. 1391(b)(2), and..
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ORDER
RYA W. ZOBEL, Senior District Judge.
Defendant's motion to dismiss is denied. Exercising personal jurisdiction over defendant is proper under Massachusetts' long arm statute and comports with the U.S. Constitution because defendant purposefully solicited plaintiff in Massachusetts and, having met with success, shipped product to the Commonwealth and soon thereafter entered into the contract that is the subject of this action. Venue is likewise proper under 28 U.S.C. § 1391(b)(2), and I am not persuaded that transfer to the Western District of Oklahoma is justified under 28 U.S.C. § 1404. Finally, plaintiff's claims for deceit and unfair business practices are plead with sufficient particularity and pass muster under Fed. R. Civ. P. 9(b).
Source: Leagle
