Cossart v. United Excel Corp., No. 14-2144 (1st Cir. 2015)
Annotate this CaseEmployee worked for Employer as a salesman. Employer is incorporated and headquarters in Kansas. The employment contract contemplated that Employee, a Massachusetts resident, would work from Massachusetts. Employer facilitated Employee’s work from Massachusetts by, inter alia, registering a sales office with Massachusetts and providing him with equipment. Employee brought this action in state court against Employer and its president (collectively, Defendants), alleging that Defendants violated the Massachusetts Wage Act by failing to pay him a commission he alleged he was due. Defendants removed the case to federal district court and then moved to dismiss for lack of personal jurisdiction. The district court granted the motion. The First Circuit reversed, holding Employee met the requirements of both the Massachusetts long-arm statute and the Due Process clause in establishing personal jurisdiction over Defendants.
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