Background
T.H. Glennon Co., Inc. sued Shonn Monday, his wife Debra Monday, their company TMG Green, and New York-based H.U.R.B. Landscaping and its officer Ulderic Boisvert. The dispute arose after Shonn Monday was fired and allegedly breached a non-disclosure agreement by stealing confidential information to start a competitor. The district court dismissed claims against all defendants except Shonn Monday for lack of personal jurisdiction, though it had previously found Shonn liable in a bench trial.
The court’s reasoning
The court held that the district court correctly dismissed claims against out-of-state defendants but erred in dismissing claims against Debra Monday, a Massachusetts resident served at her domicile. Regarding the out-of-state defendants, the court found Glennon waived its arguments because its appellate brief failed to adequately develop the civil RICO theory, omitted the three-part specific personal jurisdiction test, and did not address the conspiracy theory of personal jurisdiction. The court noted that Glennon’s briefs were insufficient to preserve these complex issues for review.
we reverse the dismissal of the claims against Debra Monday but affirm the dismissal of the claims against the other defendants.
What it means going forward
The case against Debra Monday proceeds in the District of Massachusetts, while claims against the out-of-state defendants remain dismissed without prejudice, allowing Glennon to potentially refile in a jurisdiction with clearer personal jurisdiction.
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