Roberts v. Legendary Marine Sales, 857 N.E.2d 1089 (Mass. 2006). · Go Syfert
Roberts v. Legendary Marine Sales, 857 N.E.2d 1089 (Mass. 2006). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 5 distinct courts.
Strongest positive: Jones v. Bank of New York (mad, 2022-01-10)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Jones v. Bank of New York
D. Mass. · 2022 · signal: cf. · confidence medium
Cf. Roberts v. Legendary Marine Sales, 447 Mass. 860, 865 (no “persistent course of conduct” where boat sale at issue was “only transaction the defendant ever entered into with a Massachusetts resident.”).
discussed Cited as authority (rule) Mullane v. Zurich American Insurance Company
D. Mass. · 2019 · confidence medium
That Medium maintains a website accessible in Massachusetts “does not establish jurisdiction in the absence of any specific showing by the plaintiffs that the Web site did anything beyond providing information.” Roberts v. Legendary Marine Sales, 447 Mass. 860, 865 (2006).
cited Cited as authority (rule) American Paper Recycling, Inc. v. Renew Bahamas, Ltd.
Mass. Super. Ct. · 2016 · confidence medium
P’ship v. Secretary of the Commonwealth, 457 Mass. at 219 ; Roberts v. Legendary Marine Sales, 447 Mass. 860, 863 (2006).
cited Cited as authority (rule) SCVNGR, Inc. v. Punchh, Inc.
Mass. Super. Ct. · 2016 · confidence medium
Roberts v. Legendary Marine Sales, 447 Mass. 860, 863 (2006); Tatro v. Manor Care, Inc., 416 Mass. 763, 767 (1994); Droukas v. Divers Training Academy, Inc., 375 Mass. 149, 151 (1978).
cited Cited as authority (rule) Fletcher Fixed Income Alpha Fund, Ltd. v. Grant Thornton LLP
Mass. App. Ct. · 2016 · confidence medium
Roberts v. Legendary Marine Sales, 447 Mass. 860, 865 (2006).
discussed Cited as authority (rule) Schooner Liberty Clipper, Inc. v. Stargazer Sailing Charters, LLC
Mass. Super. Ct. · 2016 · confidence medium
For decisional authority supporting the Court’s conclusion, see Droukas v. Divers Training Academy, Inc., 375 Mass. 149, 154 (1978); Roberts v. Legendary Marine Sales, 447 Mass. 860, 863 (2006); Fern v. Immergut, 55 Mass.App.Ct. 577, 585 (2002); and National Medical Care u.
discussed Cited as authority (rule) Rolivia, Inc. v. Emporium Nostrum, Inc.
Mass. Dist. Ct., App. Div. · 2013 · confidence medium
The eleven e-mails over four days together with some other communications can scarcely be characterized as “extensive”; they are more properly described as the “[s]everal telephone and e-mail communications,” found “lacking a justifiable ground on which to assert jurisdiction” in Roberts, supra at 861, 863 , quoting Intech, Inc., supra at 126.
discussed Cited as authority (rule) LaFond v. Salomon North America, Inc.
Mass. Super. Ct. · 2011 · signal: cf. · confidence medium
Cf. Roberts v. Legendary Marine Sales, 447 Mass. 860, 864-65 (2006) (no personal jurisdiction over defendant pursuant to G.L.c. 223A, §3(d) where website only provided information and did not solicit business in Massachusetts).
cited Cited as authority (rule) Zuraitis v. Kimberden, Inc.
Mass. Super. Ct. · 2008 · confidence medium
Here, “[t]he substance of the plaintiff[’s] complaint is contractual.” Roberts v. Legendary Marine Sales, 447 Mass. 860, 864 (2006).
discussed Cited as authority (rule) Pale Horse Designs, Inc. v. Stanfab Apparels (2×)
Mass. Super. Ct. · 2007 · confidence medium
Here, the plaintiffs rely on c. 223A, §3(a), which authorizes the Court to “exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s (a) transacting any business in this commonwealth.” For jurisdiction to exist under this provision, “the facts must satisfy two requirements — the defendant must have transacted business in Massachusetts, and the plaintiffs claim must have arisen from the transaction of business by the defendant.” Roberts v. Legendary Marine Sales, 447 Mass. 860, 863 (2006), quo…
discussed Cited "see" ROBERT SARVIS v. LESLIE M. BASSETT & Another.
Mass. App. Ct. · 2024 · signal: see · confidence high
See Roberts v. Legendary Marine Sales, 447 Mass. 860, 860-861 (2006) (§ 3 [a] was not satisfied where defendant's website advertisements were not "specifically aimed at Massachusetts").
discussed Cited "see" Komarovskiy v. Celsius Network LLC
D. Mass. · 2024 · signal: see · confidence high
See Roberts v. Legendary Marine Sales, 447 Mass. 860, 864 (Mass. 2006) (concluding that a case involving a corporate defendant’s alleged misrepresentations was, in fact, essentially a contractual case and that therefore, there was no personal jurisdiction under Section 3(c) of the Massachusetts long-arm statute since no “tortious injury” had actually occurred.) his causes of action, the Court’s analysis need not and will not go any further.
cited Cited "see" Soulor v. C3 Corp.
Mass. Super. Ct. · 2012 · signal: see · confidence high
See, Roberts v. Legendary Marine, 447 Mass. 860, 865 (2006).
discussed Cited "see" Bulldog Investors General Partnership v. Secretary of the Commonwealth (2×)
Mass. · 2010 · signal: see · confidence high
See Roberts v. Legendary Marine Sales, 447 Mass. 860, 862-863 (2006).
discussed Cited "see, e.g." Sun Life Assurance Co. v. Sun Bancorp, Inc.
D. Mass. · 2012 · signal: see, e.g. · confidence low
See, e.g., Roberts v. Legendary Marine Sales, 447 Mass. 860, 863 , 857 N.E.2d 1089 (2006); Tatro v. Manor Care, Inc., 416 Mass. 763, 767 , 625 N.E.2d 549 (1994); Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1, 6 , 389 N.E.2d 76 (1979). .
Retrieving the full opinion text from the archive…
William C. Roberts & another
v.
Legendary Marine Sales
Massachusetts Supreme Judicial Court.
Dec 12, 2006.
857 N.E.2d 1089
Joseph D. Kropp for the defendant., Richard A. Eustis for the plaintiffs.
Greaney.
Cited by 19 opinions  |  Published
Greaney, J.

We granted the defendant’s application for further appellate review to decide whether the Superior Court had personal jurisdiction over the defendant, a Florida corporation. We conclude that personal jurisdiction was not conferred over the defendant under our long-arm statute, G. L. c. 223A, § 3, and affirm the judgment dismissing the plaintiffs’ complaint.

The facts before the judge who allowed the defendant’s motion to dismiss are as follows. The defendant, Legendary Marine Sales, is a Florida corporation having places of business in Destín, Florida, and Orange Beach, Alabama, and is a dealer for several boat manufacturers, including Fountain Powerboats of Washington, North Carolina. The defendant is primarily engaged in the business of selling new and used boats. In March and April of 2002, the defendant had approximately twenty-five[*861] employees, and sold about twenty-five boats a month. Of the defendant’s sales, approximately eighty per cent were to Florida residents; fifteen per cent were to residents of Alabama and Georgia; and the remaining sales were to residents of a few nearby southern States.

The defendant has never maintained offices, nor has been represented by any agents or employees, in Massachusetts. The sale to the plaintiffs is the only sale the defendant ever made to a Massachusetts resident. The defendant does not advertise in any media specifically aimed at Massachusetts. The defendant advertises boats for sale in Boat Trader, an advertising booklet distributed in the North Florida area, and also advertises on Boat Trader’s Web site.

The plaintiffs are Massachusetts residents. In March, 2002, the plaintiff William A. Roberts (William A.), viewed an advertisement placed by the defendant on Boat Trader’s Web site. The advertisement stated: “1999 38’ Fountain Lightning with Twin 500 EFJ’s/Never Titled/This Boat lists at over $280,000/Watch the competition disappear in your mist/THIS COULD BE THE BUY OF A LIFETIME/OMY TEN HOURS ON BOAT/Make an offer.” The advertisement indicated that the boat was located at the defendant’s place of business in Destín, Florida.

William A. telephoned the defendant about the boat. He spoke with John Hodskins, the defendant’s designated sales representative for Fountain Powerboats. William A. informed Hodskins that he lived in Massachusetts and wanted to purchase a boat that he would use and store in Massachusetts. Hodskins repeatedly referred to the advertised boat as “new,” and stated that there were only ten hours of use on each engine on the boat.

Several telephone conversations and e-mail communications between William A. and Hodskins followed.[2] Eventually William A. agreed, on the telephone, to purchase the boat for $150,000. The defendant mailed a purchase agreement to William A. in Massachusetts. William A. signed the agreement and[*862] mailed it back to the defendant. The plaintiffs sent payment to Florida.

During negotiations, the plaintiffs’ financing agent required a boat survey or inspection. William A. hired a Florida boat surveyor, one recommended by the defendant, to examine the boat in Florida. The surveyor informed the plaintiffs of several defects and problems, all of which the defendant promised to remedy.

William A. hired an independent contractor from Florida, one recommended by the defendant, to take possession and transport the boat from Florida to Massachusetts. Soon after the boat was delivered in June, 2002, William A. had it serviced and learned that many of the defects and problems had not been corrected. In addition, William A. was informed that the boat had a broken fuel pump and other mechanical problems, and that the actual hours on the boat’s engines were seventy-four and seventy-six hours, respectively.

The plaintiffs filed suit in the Superior Court in May, 2003, alleging breach of contract, breach of implied warranty, breach of express warranty, intentional misrepresentation, negligent misrepresentation, breach of warranty under the Uniform Commercial Code, and violations of G. L. c. 93A. The defendant moved to dismiss under Mass. R. Civ. P. 12 (b) (2), 365 Mass. 754 (1974), for lack of personal jurisdiction. The judge allowed the motion, concluding that the plaintiffs had not satisfied the first four provisions of the long-arm statute, G. L. c. 223A, § 3 (a)-(d). The plaintiffs appealed and the Appeals Court reversed, concluding that jurisdiction was conferred under G. L. c. 223A, § 3 (c) (“causing tortious injury by an act or omission in this commonwealth”), and did not offend basic due process requirements required by the United States Constitution. See Roberts v. Legendary Marine Sales, 65 Mass. App. Ct. 198, 203-204 (2005).

1. In Intech, Inc. v. Triple “C” Marine Salvage, Inc., 444 Mass. 122, 125 (2005) (Intech, Inc.), we set forth the well-settled principles governing the determination of personal jurisdiction. “A Massachusetts court may acquire personal jurisdiction over a nonresident ‘when some basis for jurisdiction enumerated in the statute has been established.’ Good Hope [*863] Indus., Inc. v. Ryder Scott Co., 378 Mass. 1, 6 (1979).” Intech, Inc., supra. The long-arm statute provides, in pertinent part:

“A [Massachusetts] court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s {a) transacting any business in this commonwealth; (b) contracting to supply services or things in this commonwealth; (c) causing tortious injury by an act or omission in this commonwealth; [and] (d) causing tortious injury in this commonwealth by an act or omission outside this commonwealth if he regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this commonwealth.”

G. L. c. 223A, § 3. We went on to state in Intech, Inc., supra:

“The term ‘person’ is defined in G. L. c. 223A, § 1, to include a corporation. ‘A plaintiff has the burden of establishing facts to show that the ground relied on under § 3 is present.’ Tatro v. Manor Care, Inc., 416 Mass. 763, 767 (1994). ‘If the literal requirements of the statute are satisfied, it also must be established that “the exercise of jurisdiction under State law [is] consistent with basic due process requirements mandated by the United States Constitution.” ’ Id., quoting Good Hope Indus., Inc. v. Ryder Scott Co., supra at 5-6.”

2. The plaintiffs’ first basis for personal jurisdiction relies on G. L. c. 223A, § 3 (a). “For jurisdiction to exist under § 3 (a), the facts must satisfy two requirements — the defendant must have transacted business in Massachusetts, and the plaintiff’s claim must have arisen from the transaction of business by the defendant.” Tatro v. Manor Care, Inc., supra. Our decisions of Droukas v. Divers Training Academy, Inc., 375 Mass. 149 (1979), and Intech, Inc., supra, govern. As in those cases, the transaction here “was an isolated one lacking a justifiable ground on which to assert jurisdiction.”[3] Intech, Inc., supra at 126, citing Droukas v. Divers Training Academy, Inc., supra at[*864] 154. The case of Workgroup Tech. Corp. v. MGM Grand Hotel, LLC, 246 F. Supp. 2d 102 (D. Mass. 2003), involved circumstances and contacts distinguishable from those present here. In addition, contrary to what occurred in Carlson Corp. v. University of Vt., 380 Mass. 102, 104 (1980), the defendant did not sign the purchase agreement in Massachusetts.

3. The defendant cannot be said to have contracted to “supply . . . things in this commonwealth” so as to subject it to jurisdiction under G. L. c. 223A, § 3 (b). As explained correctly by the Appeals Court, “[a]s in Droukas, [supra at 157-159] an independent boat shipper was hired and paid by [William A.] for the boat to be shipped to Massachusetts.” Roberts v. Legendary Marine Sales, supra at 200. See Intech, Inc., supra at 125.

4. The plaintiffs argue that all of their claims involve the defendant’s misrepresentations concerning the age and condition of the boat. As such, the plaintiffs contend that personal jurisdiction over the defendant under G. L. c. 223A, § 3 (c), is appropriate because the defendant, by “knowingly communicating false statements” to the plaintiffs, caused tortious injury in Massachusetts. We disagree.

The injury suffered by the plaintiffs is a monetary injury. Essentially the plaintiffs contend that, but for the defendant’s misrepresentations, they would not have executed the contract to purchase the boat and they would not have incurred expenditures related to its purchase (such as inspections of the boat). The substance of the plaintiffs’ complaint is contractual. The damages sought are grounded in breach of contract and do not constitute “tortious injury” as contemplated under § 3 (c). See REMF Corp. v. Miranda, 60 Mass. App. Ct. 905, 907 n.4 (2004).* *[4]

5. We reject the plaintiffs’ assertion that personal jurisdiction is proper under § 3 (d) of the long-arm statute. It is of course[*865] true that the defendant advertised the boat on a Web site that had the potential of “reach[ing] potential clients in Massachusetts.” That fact does not establish jurisdiction in the absence of any specific showing by the plaintiffs that the Web site did anything beyond providing information. See Note, A “Category-Specific” Legislative Approach to the Internet Personal Jurisdiction Problem in Ü.S. Law, 117 Harv. L. Rev. 1617, 1618 (2004) (describing three categories of Web sites and explaining generally that jurisdictional analysis turns on category involved). The plaintiffs also have not shown that the defendant purposefully attempted to conduct business or solicit business in Massachusetts either by means of the Web site or otherwise. Similarly, because the boat sale was the only transaction the defendant ever entered into with a Massachusetts resident, the record lacks any “persistent course of conduct” on the defendant’s part in Massachusetts. The defendant may have earned an unspecified profit on the sale of the boat to the plaintiffs, but the sale was one of approximately twenty-five made in one month, and the plaintiffs have not demonstrated that the defendant “derives substantial revenue” from transactions in Massachusetts.

6. Having concluded that the long-arm statute does not provide a basis for conferring personal jurisdiction over the defendant, “we need not inquire into the constitutional constraints on the exercise of jurisdiction under the statute.” Morrill v. Tong, 390 Mass. 120, 133 (1983) (noting, however, that it is doubtful on this record that the exercise of jurisdiction under the long-arm statute would comport with due process).

Judgment affirmed.

2

An exact or approximate number of communications does not appear in the record, nor does the plaintiff detail who initiated such communications or state the substance of the communications.

3

We recognize that there were several telephone and e-mail communications between the parties. Because a lack of detail in the record exists regard[*864] ing those communications, see note 2, supra, those communications cannot be said to amount to anything more than incidental communications.

4

Federal court decisions concerning jurisdiction under G. L. c. 223A, § 3 (c), have not had the benefit of our determination of the reach of this provision of the long-arm statute in this context, see Murphy v. Erwin-Wasey, Inc., 460 F.2d 661, 663 (1st Cir. 1972), and have typically taken a “more expansive view” than Massachusetts of personal jurisdiction, see Splaine v. Modem Electroplating, Inc., 17 Mass. App. Ct. 612, 620 n.9 (1984).