In Steward Health Care System v. CHSPSC, Judge Sanders found that CHSPSC, an affiliate of Community Health Systems (CHS), is subject to personal jurisdiction in Massachusetts for claims made under transition-services agreement (TSAs) signed along with an asset-purchase agreement (APA).
Under the APA between Steward Health Care System LLC (Steward) and CHSPSC, Steward agreed to purchase eight hospitals outside Massachusetts. Under the TSAs between the same parties, CHSPSC agreed to provide services to facilitate the transition of the hospitals.
In Renova Partners v. Michael Singer and Greenlight Development Partners, Judge Sanders granted Greenlight’s motion to dismiss for lack of personal jurisdiction because, among other things, Greenlight was “not even in existence” when the allegedly tortious acts occurred.
Judge Kaplan recently ruled that the Superior Court does not have jurisdiction over an out-of-state defendant under the Massachusetts long-arm statute, G.L. c. 223A, § 3. The case involves two competing businesses that design and market apps for restaurants: SCVGR d/b/a LevelUp and Punchh.
We’ll have more to say about SCVNGR, Inc. v. Punchh, Inc., a case decided by the SJC on appeal from the BLS, in the days ahead. But for now, we want to alert judges and practitioners to two points.
In OpenRisk, LLC v. Microstrategy Services Corp., et al., Judge Kaplan declined to adopt a conspiracy theory of personal jurisdiction. Judge Kaplan framed the issue this way:
- Senior Editor, Co-Chair, Business Litigation Practice Group