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[acc_item title=”‘Transacting Business’ Under Massachusetts Long-Arm Statute”]
Civil Procedure
Cossart v. United Excel Corp., No. 14-2144 (1st Cir. Sep. 30, 2015)
The United State Court of Appeals for the First Circuit addressed whether, pursuant to the Massachusetts long-arm statute, it had personal jurisdiction over a Kansas corporation and its president. The corporation and its president had contracted with a Massachusetts employee to perform services for the corporation, but those services took place outside of Massachusetts. The First Circuit determined that because the employee performed work from Massachusetts under his agreement with the corporation and because he worked out of a Massachusetts-based office registered by the corporation, the court could properly exercise personal jurisdiction under the “transacting business” clause of the Massachusetts long-arm statute.
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[acc_item title=”Reasonable Expectation of Privacy Violated After Week-Long Surveillance”]
Constitutional Law
Commonwealth v. Tewolde, No. 13-P-1689 (Mass. App. Ct. Oct. 1, 2015)
The Massachusetts Appeals Court considered whether two defendants showed a reasonable expectation of privacy concerning their cell phone data after the Commonwealth had monitored defendants’ data for a period of about a week. The court noted that the duration of police surveillance is an important factor when determining whether an individual’s expectation of privacy was reasonable. The court ultimately determined that the week-long surveillance, which covered “both weekdays and weekends” of the defendants’ daily lives, violated the defendants’ reasonable expectations of privacy.
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