Arthur v. Doe

32 Mass. L. Rptr. 296
CourtMassachusetts Superior Court
DecidedJuly 31, 2014
DocketNo. SUCV201300995E
StatusPublished
Cited by1 cases

This text of 32 Mass. L. Rptr. 296 (Arthur v. Doe) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur v. Doe, 32 Mass. L. Rptr. 296 (Mass. Ct. App. 2014).

Opinion

Frison, Shannon, J.

The plaintiff, Donald C. Arthur, M.D. (“Arthur”), alleges that the defendants published false and defamatory statements about him on various web sites. Arthur’s First Amended Complaint asserts claims for defamation/libel (Count I) and intentional infliction of emotional distress (Count II) against Warren Goff (“Goff’), H.E. Butler, III (“Butter”), Michael Volpe (“Volpe”), and Frederick M. “Skip” Burkle, Jr. (“Burkle”).2 The matter is before the court on motions to dismiss filed by Goff (paper #34), Butter (paper #35),3 Volpe (paper #24),4 and Burkle (Paper #19).5 The defendants all seek dismissal of the complaint for lack of personal jurisdiction under Mass.R.Civ.P. 12(b)(2). Burkle also seeks dismissal of the complaint pursuant to Mass.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted.6 For the reasons that follow, the motions to dismiss of Goff, Butler, and Volpe are ALLOWED to the extent they argue that the court cannot exercise personal jurisdiction over them. The motion to dismiss of Burkle is DENIED.

BACKGROUND

Arthur is a retired Navy doctor who lives in Brewster, MA. He was in the Navy from 1974-2007. He served as the thirty-fifth Navy Surgeon General from 2004-2007 and retired from the Navy in 2007 as a Vice Admiral. After his retirement from the Navy, he served [297]*297as Senior Vice President and Chief Medical Officer for Main Line Health System in Bryn Mawr, PA. In September 2009, he purchased his home in Brewster. Between September 2009 and October 2011, he commuted from Brewster to Pennsylvania for three to four days at a time. Typically, he would leave Brewster on Sunday evening or Monday morning and drive back to Brewster on Thursday evening or Friday morning. He considered his home in Brewster his personal residence. Since he left Main Line Health System in 2011, he has been living in Brewster and has allegedly been unable to obtain employment in Massachusetts because of the statements made by the defendants.

In 1992, Arthur received a Ph.D. from Century University (later renamed American Century University), an online university. In 1993, Arthur received a J.D. from LaSalle University in a distance learning program. After he completed these degrees, the Navy included them in his personnel record at Arthur’s request.

In November 2005, the Navy’s Inspector General examined Arthur’s academic credentials after an individual contacted the Navy alleging that Arthur had falsified his credentials. The Inspector General concluded that Arthur had obtained the Ph.D. and J.D. from universities whose accreditations the Navy would not recognize, but determined that Arthur had done no wrong. The degrees were not removed from his personnel record.

In October 2008, the Chicago Tribune reported that the Navy had investigated Arthur’s academic credentials. In February 2009, the Philadelphia Inquirer reported the same. Arthur alleges that the defendants “began repeating the allegations of falsified academic credentials, and added many more false statements about Dr. Arthur in order to paint a false and misleading picture of him as a liar and cheater who achieved all his accomplishments, recognition, and promotions through fabrications and deception.” Arthur avers that he felt the injurious effects of the alleged libel, including lost wages, emotional distress, embarrassment, humiliation, and damage to his reputation, in Massachusetts. His specific allegations with respect to each defendant are as follows.

I.Warren Goff

Goff resides in California. On June 11, 2009, a Wikipedia page was created about Arthur. Arthur alleges that in August 2010,7 Goff made more than 170 written changes to Arthur’s Wikipedia biography page under the pseudonym “PariahCarry” and from the IP address 98.155.75.252. Arthur alleges that many of these changes contained false and defamatory content, including that Arthur claimed to have received a master’s degree from Northeastern University that he did not receive. Further, on April 27, 2011, Goff authored an article on Examiner.com entitled, “Naval medical personnel complicit with torture at GTMO.” Arthur claims that this article contains false and defamatory statements about him.

Arthur bases the court’s exercise of jurisdiction over Goff on Goffs references to Massachusetts, specifically, that Goff stated on Wikipedia that Arthur was born and raised in Northampton, Massachusetts and that Arthur claimed to have received a master’s degree from Northeastern University in applying to medical school and on resumes throughout his naval career. Goff has submitted an affidavit stating that he was not aware at any time that Arthur lived in Massachusetts.

II. H.E. Butter, III

Butler resides in Virginia. Arthur alleges that Butler posted false and defamatoiy statements about Arthur on a web site Butler owns and operates, semmelweisssociety.net, in 2012. Arthur also claims that Butler published several links to information on Arthur’s Wikipedia biography page.

Butler makes no reference to Massachusetts in any of his postings. Thus, Arthur’s sole basis for assertion of jurisdiction over Butter is the fact that Arthur resides in Massachusetts. Butter has submitted an affidavit stating that he did not know where Arthur lived until he was served with the complaint; “(a]t last report, he was working in Pennsylvania in 2011.”

III. Michael Volpe

Volpe resides in Illinois. Arthur alleges that Volpe wrote an article entitled “The Great Pretender” about Arthur on the web site CrimeMagazine.com on March 28, 2013, in which he made several false and defamatory statements. In the article, Volpe references the allegedly fraudulently obtained master’s degree from Northeastern and also states: “According to public records, Dr. Arthur currently lives in Brewster, Massachusetts. A phone call and FAX to his residence listed were left unretumed. The FAX listed a number of questions pertaining to the various accusations raised against Dr. Arthur in this article, seeking his direct response and input.”

IV.Frederick “Skip” M. Burkle

Burkle resides in Hawaii. Volpe’s CrimeMagazine.com article contains statements that Volpe attributes to Burkle. Specifically, the article states, in relevant part:

Dr. Frederick M. “Skip” Burkle is a doctor and a physician. He is currently a senior fellow and scientist at Harvard University. He’s a Vietnam War Navy veteran, and in 1991 he was a Navy reservist, called up to serve in Operation Desert Shield.
Dr. Burkle was assigned to head up the medical base in Saudi Arabia in February 1991.
Dr. Burkle said he ran into Dr. Arthur on his first night of his assignment. In that exchange, Dr. Burkle remembers that Dr. Arthur made a comment that he (Dr. Arthur) should have been named the senior medical officer, not Dr. Burkle. Despite being [298]*298of lesser rank than Dr. Burkle, Dr. Arthur claimed that his doctorate and law degrees made him more qualified. Dr. Burkle said he responded by stating that assignments were posted and that he expected Arthur to be in the emergency department the next morning. That would be the last time Dr. Burkle would see Dr. Arthur.
In fact, Dr.

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Bluebook (online)
32 Mass. L. Rptr. 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-v-doe-masssuperct-2014.