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[+] AFX Corp.? - Jean Allen/NC (4 replies)
10/27/2008 8:43:34 AM (3754 views)

[+] Anyone heard that Archer Land Title Closed their doors? - Lisa Dahlquist/NC (3 replies)
10/24/2008 1:39:15 PM (4124 views)

[-] Abstracts USA, Rockville, MD - Edward Huguenin/SC (12 replies)
10/24/2008 10:07:31 AM (4400 views)
Re: Abstracts USA, Rockville, MD - ANDREW MOLLER/CT
10/24/2008 10:20:24 AM (5998 views)
Re: Abstracts USA, Rockville, MD - . APS/NY
10/26/2008 8:10:56 PM (5894 views)
Re: Abstracts USA, Rockville, MD - Edward Huguenin/SC
10/27/2008 7:12:43 AM (5694 views)
Re: Abstracts USA, Rockville, MD - george Hubka/MI
10/27/2008 7:12:18 PM (5596 views)
Re: Abstracts USA, Rockville, MD - . APS/NY
10/27/2008 8:33:46 PM (5383 views)
Re: Abstracts USA, Rockville, MD - Anthony BROWNN/VA
10/28/2008 8:32:58 AM (5361 views)
Re: Abstracts USA, Rockville, MD - Kevin Ahern/CT
10/28/2008 10:12:15 AM (5319 views)

Whether he can sue them in his own state depends upon whether the defendant maintains a physical presence in the plaintiff's home state or in the alternative if the defendant subjected itself to the long arm jurisdiction of the forum state. If the defendant maintains what is termed legally as a physical presence within the forum state the chances of not having to defend against a jurisdictional challenge are pretty good.

On the other hand if the plaintiff is relying on his state's long arm statute he is almost certain to invite a motion to dismiss for lack of jurisdiction. Defending against the motion to dismiss is a crap shoot. It could go either way. In this scenario the plaintiff can avoid the problem entirely by suing the defendant in his home state.

With respect to the long arm statutes...many states provide that the defendant has subjected himself to the long arm jurisdiction if the defendant transacts business within the plaintiff's home state. The rub is the definition of  what constitutes transacting business within the state. In states such as Connecticut there seems to be a distinction between suits sounding in contract breach and torts. In contract breach claims the defendant would need to physically enter the state of Connecticut in order to become liable within Connecticut. (ex. Massachusetts salesman entering Connecticut to drum up business). The Connecticut courts have ruled that transacting business over the phone, fax or email while the plaintiff and defendant are located in different states does not constitute the defendant's entering the state of Connecticut for purposes of a contract breach suit. Tort suits are a little more liberal with respect to whether such conduct would subject the defendant to Connecticut's long arm jurisdiction.

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Re: Abstracts USA, Rockville, MD - . APS/NY
10/28/2008 3:22:33 PM (5299 views)
Re: Abstracts USA, Rockville, MD - Anthony BROWNN/VA
10/29/2008 8:52:22 PM (5273 views)
Re: Abstracts USA, Rockville, MD - . APS/NY
10/29/2008 9:51:48 PM (5294 views)
Re: Abstracts USA, Rockville, MD - Anthony BROWNN/VA
10/27/2008 4:45:18 PM (5386 views)
Re: Abstracts USA, Rockville, MD - Greg Paszkiewicz/NJ
11/26/2008 1:19:27 PM (5049 views)

[+] Synex Corporate Services - Kristi Lee/NE (3 replies)
10/23/2008 3:21:52 PM (4118 views)

[+] First Choice Title Services? - Lisa Dahlquist/NC (2 replies)
10/22/2008 2:22:00 PM (4253 views)




[+] modification companies - michael quinn/NY (5 replies)
10/21/2008 8:42:23 PM (4123 views)

[+] Work picking up? - Mandy Harmon/SC (1 reply)
10/21/2008 4:25:13 PM (4009 views)

[+] I am curious about other states. - Diane Cipa/PA (5 replies)
10/21/2008 11:57:54 AM (3951 views)

[+] A Look On The Bright Side - Scott Perry/PA (37 replies)
10/21/2008 12:11:44 AM (3975 views)

[+] Tax Sales & John Beck - Helene /GA (3 replies)
10/20/2008 10:47:46 PM (4252 views)

[+] Can someone help with Infinity International Processing Services. They stopped payment on a check. - Angela Johnson/NC (13 replies)
10/20/2008 3:55:42 PM (4277 views)

[+] Fax and Phone Vendors? - Debbie Thibodeaux/LA (9 replies)
10/18/2008 2:08:31 PM (4036 views)

[+] Input on Integration 4.0 - Debbie Thibodeaux/LA (1 reply)
10/18/2008 2:03:02 PM (3699 views)

[+] Leeches are still out there! - Kurt deVries/FL (10 replies)
10/17/2008 10:54:45 AM (4054 views)

[+] Social Security & DL info in recordings - Glenda Hodge/TN (4 replies)
10/16/2008 5:58:46 PM (3559 views)


<< get older messagesget newer messages >>

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