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