Archived posting to the Leica Users Group, 2002/03/04

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Subject: RE: [Leica] OT: long arm of the law (was: Warranty survey)
From: "Austin Franklin" <darkroom@ix.netcom.com>
Date: Mon, 4 Mar 2002 16:34:03 -0500

Hi Eric,

> >Well, I know I CAN win.  In MA, I can sue any company in the US here
> >locally.  No, I do NOT have to go to that state to sue them.  We
> have a long
> >arm statute that is invoked via what is called a "93A" demand letter.
>
> Interesting.  I thought the whole idea of jurisdiction was to prevent just
> that.  If a company isn't doing business in your state, then I
> don't see how
> that state has any legal authority over the business.

Yes, they do have to be doing business in my state, and selling to me, even
through mail order, is doing business here.  Leica certainly does business
here...

> >If they fail to pay, then they are in contempt of court, and
> prohibited from doing
> >business in MA until they do pay.
>
> Of course, if they aren't doing business in MA, then what's the big deal?
> :)  If they are doing business in MA, then an MA court would be
> the correct
> jurisdiction, anyway.

Exactly, but it's an issue of, say, mail order, or Leica in NJ...businesses
that aren't physically here IN MA, but doing business in MA.

Regards,

Austin

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