Legal Question in Construction Law in Massachusetts

Personal Juristication

I am being sued in Massachusetts, I live in Rhode Island. Also, at the time my company was an LLC registered in Rhode Island. That company has since been closed. They are suing me as a DBA.

1. Does Mass have ''personal Jurisdiction'' over me? I was not the doing the business in Mass it was the LLC.

Thanks

Dave G


Asked on 4/19/09, 9:59 pm

2 Answers from Attorneys

Joseph Curran Jr. Curran Desharnais, P.C.

Re: Personal Juristication

Since the LLC was carrying on business activity in MA, it is very likely that a court could find that there are suffcient "minimum contacts" between the LLC and MA to exercise jurisdiction over the matter. However,there are several factors that a court will consider when determining whether jurisdiction exists, so without knowing all of the facts of your case it is too diffcult to say with any certainty. Assuming that a court determines that jurisdiction does exist, the question then becomes to what extent, if any, will you be held liable for the actions of the LLC. Typically, absent fraud, and "peircing the veil" type claims, the managers of an LLC have no liability in a complaint against the LLC. So, for example, in a fraud/misrepresentation type claim, if it can be shown that you (as the manager) personally participtaed in the tort (i.e, by making actionable misrepresentations), then you could potentially be held personally liable for it.

These matters usually present very complex legal issues and as I indicated above require a review of all the facts. If you are being sued, I highly recommend that you take action immediately to protect your interests, preferrably by contacting an attorney who can assist you with the claim. Feel free to call me if need any assistance.

Good luck.

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Answered on 4/20/09, 11:34 am
Warren Wood Law Offices of Warren Wood

Re: Personal Juristication

Personal jurisdiction matters are far too complex to be answered in a simple online response. If you are being sued as an individual in MA, you need to defend yourself properly. You shoyld speak with an attorney asap.

This Office provides free intial consultations on certain legal matters .

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Answered on 4/19/09, 11:21 pm


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