Shortening The Long Arm: Can A Restraining Order Be Issued Against An Out Of State Defendant?

There are two types of jurisdictional requirements that must be met in order for a court of law to have the authority to rule on matters: subject matter and personal jurisdiction. Subject matter simply means that a court has the authority to hear a particular kind of case. Personal, or in personam jurisdiction, means that a court has the authority to assert power over a specific person, usually the Defendant.

In Massachusetts, Chapter 209A Section 1 grants subject matter jurisdiction to hear 209A Restraining Order cases to Superior, District, Probate and Family, and Boston Municipal Court departments. In cases where there is only a dating relationship between the parties, Superior Court does not have jurisdiction. Thus, subject matter jurisdiction is usually not an issue in 209A Cases.

On the question of personal jurisdiction, the Court spoke in Lamarche v. Lussier, 65 Mass. App. Ct. 887, in April 2006, clarifying this issue. In this case, the Plaintiff was a native of Massachusetts while the Defendant was from New Hampshire. The couple had a 2 year dating relationship, during which the Plaintiff moved to New Hampshire to live with the Defendant. Shortly thereafter, the Defendant relocated to the State of Washington on a Navy assignment, and the Plaintiff followed. A child was born, and after a brief return to New Hampshire, the Plaintiff remained in Washington. After the relationship ended, the Plaintiff relocated to Massachusetts permanently.

Immediately upon the Plaintiff's return to Massachusetts, she sought a 209A Restraining Order claiming various threats and fears based in part on the Defendants Navy connections. All of these alleged threats took place while both parties were in Washington.

Generally for personal jurisdiction to exist, the Defendant must have been served with the court papers, and have had sufficient contacts with the state so that the assertion of jurisdiction by the Court meets basic due process and fairness standards. There is no set minimum number or types of contacts that are required; the Court will analyze these issues on case by case basis.

The most obvious contact with a state is residence. When the Defendant resides in the state where the court sits, personal jurisdiction is likely established. The other strong but less obvious basis for jurisdiction is waiver. This is when the Defendant does not reside in the state, but comes to defend and litigate the case and does so to conclusion without raising lack of jurisdiction as an objection. The Defendant is deemed to have "waived" his lack of jurisdiction defense because by litigating the case he has voluntarily submitted to the jurisdiction of the Court. In the words of the Court, common factor in waiver of personal jurisdiction are "dilatoriness and participation in, or encouragement of, judicial proceedings." 

Introduction to Auto Insurance in Mass.

In Massachusetts you are required to carry a minimum of $20,000.00 / $40,000.00 in bodily injury insurance coverage. This insurance is commonly called compulsory bodily injury insurance. This protects you and your assets if you are completely or only partially at fault for an automobile accident in Massachusetts, because your insurance company will pay the individual who you injured up to $20,000.00 in a bodily injury settlement or verdict. The $40,000.00 comes into play if the accident you caused injured more than one person. No matter how many people ended up injured due to the accident, your insurance company will pay no more than $40, 000.00 in bodily injury payments via settlement or verdict.

You are also required to carry a minimum of $5000.00 in property damage coverage in Massachusetts. This will cover any property damage that you caused as a result of the automobile accident.

I highly recommend that you purchase more than the state required minimum of $20,000.00 / $40,000.00 / $5,000.00 because it will not cost you much to purchase more coverage than this state minimum. I recommend additional coverage because if the auto accident you caused is a serious accident and the injured person or persons have claims for a bodily injury settlement or verdict in excess of $20, 000.00/$40, 000.00, you will be personally responsible for anything over and above that amount. Therefore, it is crucial you purchase as much bodily injury insurance that you can afford.

Here is a link to the minimum mandatory auto insurance coverages of the various states - State by State Minimum Requirements.

Please contact me with any questions or comments you have about auto insurance in Massachusetts.

Attorneys in Boston - The Search for a Personal Injury Lawyer

If you're in need of a Boston personal injury lawyer it always means you're in a hurry. We can't plan in advance when the accident is going to happen, so when we look for an accident lawyer, we are usually stressed out and because of that we often choose the first personal injury lawyer we don't yell at. Choosing the attorney this way isn't always the best idea, and not only in Boston. A personal injury lawyer is someone we need to help us in most delicate and important things - the decision whose fault effected in an accident may cost you dearly, both metaphorically speaking and literally. If you choose your attorneys right, they will save you a lot of time and trouble. If do this by accident, you can only hope for the best.

Boston personal injury lawyer services

Most law companies in Boston have a personal injury lawyer as a part of the staff, but there are several law firms that specialize in accident and injury problems (see the Internet for details - <> is a very helpful website). There's a lot of help available if only you know where to look for it.

What should you look at when meeting an injury lawyer?

All right, you're in need of an injury lawyer and you're in Boston. Personal injury lawyer you contacted is meeting you in a few minutes. Where shall you look to know if he's a good one or not? The best tip is to listen to him carefully - if he speaks only about positives there is something wrong here. Remember that the other side of the conflict also has a few good lawyers and THEY ARE GOING TO CAUSE PROBLEMS! If your lawyer does not tell you about them, it means that your attorney does not speak the whole truth or that he or she is incompetent. In Boston, a personal injury lawyer is really easy to find, so do not hesitate and dismiss your current one. Whatever is the cause, you shouldn't keep him. Personally I don't know what is worse for a lawyer - dishonesty or incompetence.

Heparin Ingredients collected from unregulated farms, FDA claims

Up until February, 2008 Baxter Healthcare Corporation controlled about half of the heparin supply for the US, which totaled about 100,000 vials a day. After receiving hundreds of reports (including some from 2007) that patients experienced allergic reactions to the drug, Baxter recalled nine lots of its multi-dose heparin, but continued to make single-dose vials. Baxter's rationale was that, if all of its heparin was recalled, it would create a market shortage thereby creating more risk to patients relying on the drug--even though other companies produced the drug.

In the beginning of February, the Federal Drug and Administration Agency (FDA) linked four deaths to heparin but by the end of the month, the death toll rose to 28. Baxter halted production of all its product.

Another heparin company is Braun Medical Inc., a supplier of heparin in Canada. On March 21, in conjunction with Health Canada, the FDA announced that Braun recalled 23 lots (each lot contained 25,000 units) of its tainted heparin products that were distributed to the US, Canada and Australia.

Marc Breakstone and Ronald Gluck cast doubt on Massachusetts Medical Society claims regarding defensive medicine.

Marc Breakstone, Boston Personal Injury Lawyer and Ronald Gluck, Boston Medical Malpractice Attorney of the Massachusetts Law Firm Breakstone, White & Gluck have publically cast doubt on Massachusetts Medical Society claims regarding defensive medicine.

The Massachusetts Medical Society has suggested that "defensive medicine" is significantly increasing health care costs in Massachusetts. The MMS claims doctors are ordering more than a billion dollars yearly for unnecessary tests due to concern for medical malpractice. As Marc Breakstone, Massachusetts Personal Injury Lawyer of Breakstone, White & Gluck told the Boston Globe, managed care reduces the likelihood of wasteful and unnecessary medical spending. Ronald Gluck explained to the National Law Journal that several questions have risen concerning the reliability of the data.

About Marc Breakstone:

Marc L. Breakstone is a principal at Breakstone, White & Gluck and concentrates in Personal Injury, Wrongful Death, product liability and professional liability litigation, for plaintiffs. He received his BA degree from the University of Michigan (1981) and his Juris Doctor from Northeastern University School of Law (1986). He is a member of the American Association for Justice (AAJ, formerly ATLA), the Massachusetts Academy of Trial Attorneys (MATA) where is on the Board of Governors, and the Massachusetts Bar Association.

About Ronald Gluck:

Ronald E. Gluck is a principal Boston Personal Injury Lawyer at Breakstone, White & Gluck and concentrates in Personal Injury and professional liability litigation, primarily for plaintiffs. Ron is a 1977 Cum Laude graduate of Boston College. He is a 1980 graduate of Case Western Reserve University Law School. Ron has specialized in personal injury litigation since 1980, and represents plaintiffs in State and Federal Court. Ron has practiced before the bar in New York and in Massachusetts. He is a member of the American Association for Justice (AAJ, formerly ATLA), the Massachusetts Academy of Trial Attorneys (MATA) where he is a board member, and the Massachusetts Bar Association.