Legal Question in Civil Litigation in Massachusetts

Yes. The defendant may claim that a Massachusetts court does not have jurisdiction over it, but since it advertises here and, most likely, does substantial business with Mass. residents, that will be a dead end. The defendant will also claim that, even though there is jurisdiction here, it makes sense that the dispute be adjudicated in Puerto Rico. This is a venue issue. There is a strong preference for where the plaintiff chooses to file, but there is a chance the matter may be transferred to PR, given that, presumably, most of the witnesses are there. I don't know about your claim, but the more it will require PR witnesses, the stronger the argument the defendant will have to have the matter transferred to PR. What will happen most likely if you file in state court in Mass., is the defendant will remove the matter to federal court (on diversity grounds) and then seek an order transferring it to the District of PR. Whether the defendant will be successful in this motion is highly dependent on the particular facts of the case.

The answer is that the matter must be brought in Puerto Rico. I do not practice in Puerto Rico, however, I know attorneys in Massachusetts who do. If you would like me to point you in the right direction, feel free to contact. Thank you.

Chris Earley