A judge recently held that the Massachusetts Superior Court did not have long-arm jurisdiction to hear a defamation claim against several non-residents who allegedly published false, defamatory statements about a Massachusetts resident on the Internet. See Arthur v. Doe, 32 Mass. L. Rptr. 296 (2014), 2014 WL 4364850. The opinion -- while not binding authority -- may be of interest to foreign litigants who find themselves facing Internet-based defamation claims in the Commonwealth.
As a society, we continue to realize the potential for on-line conduct to have real-world ramifications - something the Middlesex Superior Court further illustrated recently in the context of personal jurisdiction - in the first such opportunity for a Massachusetts trial court to do so. In Taylor v. Taylor, MICV2012-01222, 2013 WL 5988569 (Mass. Super. Ct. 2013), a Massachusetts couple ("Plaintiffs"), alleged their daughter-in-law ("Defendant"), who lives in Florida, engaged in a coordinated campaign to defame them and harm their Massachusetts-based real estate business after she lost a series of motions in divorce proceedings against the Plaintiffs' son in Florida. In their Complaint, the Plaintiffs claimed that Defendant, with the help of a private investigator (also a defendant, with his corporation), made a series of identical on-line postings on consumer websites, purportedly written by a disgruntled former employee and warning potential Massachusetts real estate customers to "[a]void [the Plaintiffs' real estate company] at all costs unless you want to fall victim to another couple [J]ewish scammers." According to the Complaint, these postings further claimed that Plaintiffs both take advantage of their employees and "perpetuate the brainwashing of thousands of innocent, hard working people."