Court Case Record GARY LAFOND vs. SALOMON NORTH AMERICA, INC. & others 2012-J-0026

GARY LAFOND vs. SALOMON NORTH AMERICA, INC. & others Court Case Record

Court Case Number: 2012-J-0026

Case Number2012-J-0026
Case TypeCivil
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date01/18/2012
Close Date02/17/2012


Eric J. Parker, EsquireGary LafondPlaintiff/Respondent
Salomon North America, Inc.Defendant
Amer Sports Winter & Outdoor ComDefendant
Christopher P. Flanagan, Esquire Mark S. Bodner, EsquireSalomon S.A.Defendant/Petitioner
Entry Date Paper Entry Text
01/18/2012 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Salomon S.A.
01/25/2012 #2 RE#1: Action on the within is stayed pending the trial court's decision on petitioner's motion for reconsideration. Status report due on or before 2/23/12. I will retain jurisdiction over this matter. (Grainger, J.). *Notice/Attest/Fahey. J.
02/15/2012 #3 Letter, w/attached from Attorney Kara Thorvaldsen, Wilson, Esler, Moskowitz, Edelman & Dicker LLP re: status report.
02/17/2012 #4 ORDER: Salomon S.A. petitioned the Single Justice for interlocutory review, G.L. c. 231 § 118, of a denial of its motion to dismiss the underlying action against it for lack of personal jurisdiction. Mass. R. Civ. P. 12(b)(2). The Single Justice is without jurisdiction to order dismissal of a party. Mass.R.A.P. 15(c). I address the alternative request to refer the issue to a panel of this court and, so considered, it is denied. The record contains evidence sufficient to draw an inference that the defendant purposefully availed itself of the laws of Massachusetts "such that it is fair and reasonable to require the defendant to come into the State to defend the action." Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1,7 (1979). See also Cepeda v. Kass, 62 Mass. App. Ct. 732, 737 (2004) (motion judge to consider "only whether the plaintiff has proffered evidence that, if credited, is enough to support findings of all facts essential to personal jurisdiction.") I find no error or abuse of discretion on the part of the motion judge. Accordingly, the petition is denied. (Grainger, J.) *Notice/Attest. footnote: (1) Amer Sports Winter & Outdoor Company, Salomon S.A.
09/21/2012 Notice of docket entry from SJC (SJ-2012-0129 docket entry 9/20/12) "Judgment affirmed".