Legal Opinion

Alere, Inc. v. Wallace

Massachusetts Superior Court

Decided October 7, 2015No. SU201501533BLS1Published

1Opinion of the Court

Leibensperger, Edward P., J.

Defendants sold their company, based in Florida, to plaintiff Alere, Inc., a company headquartered in Massachusetts, pursuant to a written Membership Interest Purchase Agreement (“Purchase Agreement”). Alere now alleges that defendants breached their obligations under the Purchase Agreement by violating a noncompetition covenant. Defendants move, pursuant to Mass.R.Civ.P. 12(b)(2), to dismiss contending that the court lacks personal jurisdiction over them or, in the alternative, that the dismissal is warranted under the doctrine offorum non conveniens. For the…

2Cases cited12 opinions

  1. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  2. Arthur F. Sawtelle, Etc. v. George E. FarrellCourt of Appeals for the First Circuit · 1995
  3. Tatro v. Manor Care, Inc.Massachusetts Supreme Judicial Court · 1994
  4. Good Hope Industries, Inc. v. Ryder Scott Co.Massachusetts Supreme Judicial Court · 1979
  5. William A. Hahn v. Vermont Law SchoolCourt of Appeals for the First Circuit · 1983

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