Let's Adopt! Global, Inc. v. Macey

32 Mass. L. Rptr. 573
CourtMassachusetts Superior Court
DecidedMarch 19, 2015
DocketNo. WOCV201300576B
StatusPublished
Cited by1 cases

This text of 32 Mass. L. Rptr. 573 (Let's Adopt! Global, Inc. v. Macey) 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
Let's Adopt! Global, Inc. v. Macey, 32 Mass. L. Rptr. 573 (Mass. Ct. App. 2015).

Opinion

Tucker, Richard T., J.

The plaintiff, Let’s Adopt! Global, Inc. (“LAG”), alleges that the defendants engaged in a series of Internet postings designed to defame and damage LAG. The following defendants have submitted motions to dismiss for lack of personal jurisdiction, pursuant to Mass.R.Civ.P. 12(b)(2): Elizabeth Duvall (“Duvall”), Tracey M. Benzel (“Benzel”), Ciystal Donovan (“Donovan”), Carol Vierela(“Vierela”), Claire Talltree (‘Talltree”), Devin Hardin (“Hardin”), Georgina Rathbone Tinnon (“Tinnon”), Angela Bratcher Bess (“Bess”), and Marcella Janes (“Janes”) (collectively, “the defendants”). For the following reasons, the defendants’ Motions to Dismiss are ALLOWED.

BACKGROUND

For the purposes of a jurisdictional analysis pursuant to Mass.R.Civ.P. 12(b)(2), the court takes “specific facts affirmatively alleged by the plaintiff as true (whether or not disputed) and construe [s] them in the light most congenial to the plaintiffs jurisdictional claim.” Cepeda v. Kass, 62 Mass.App.Ct. 732, 738 (2004).

LAG is a non-profit corporation that was organized under the laws of the Commonwealth on December 6, 2011. It maintains a principal place of business located at 56 Everett Street in Southbridge, Massachusetts. LAG was founded as an animal welfare and rescue group. LAG engages in providing rescue, rehabilitation, and shelter for abused and neglected animals. These services are performed in Massachusetts, as well as other locations worldwide. As part of its operation to bring awareness to abused and neglected animals, LAG maintains a Facebook page. Partially through this Facebook page, LAG raises money for animals in need.

There are other chapters of LAG around the world. Indeed, LAG’S articles of incorporation state that LAG is committed to “assistfing], encouragfing], support[ing] and promoting] animal protection, care, permanent placement into maturing homes, and humane educational activities of animal welfare organizations throughout the United States and abroad.”

LAG maintains that the defendants engaged in a relentless and malicious defamation campaign against it. This alleged defamation was published on various websites, social media, and Internet broadcast programs. The following is an account of the defamation claims relating to each of the individual defendants.

[574]*574I. Facts Relating to Duvall

Duvall lives and resides in California. She has never been to Massachusetts. LAG alleges that she posted defamatoiy statements about it on Facebook. These postings allege that LAG is a fraudulent company that collects money from people while letting the animals it claims to protect die. Duvall asserts that any postings to social media sites or other Internet sites were made from her own computer. She also claims that the posts were not directed at residents of Massachusetts and were intended to be read by users of the Internet generally and worldwide. Duvall admitted at the hearing on this matter that she made donations to LAG and also participated in an adoption of an animal before LAG’S incorporation.3

II. Facts Relating to Benzel

Benzel is a resident of Pennsylvania. She has never visited the Commonwealth. LAG alleges that in addition to defamatoiy Facebook postings, Benzel is responsible for an Internet broadcast program that alleged LAG was a fraud and is guilty of torturing animals. During the program, Benzel and other contributors urged listeners to report LAG to authorities in Massachusetts.4 Benzel alleges she was located in Pennsylvania at the time of her postings and Internet broadcast program. Further, after the litigation in this case had commenced, Benzel submitted a complaint to the Massachusetts Attorney General’s Office about LAG.

III.Facts Relating to Donovan

Donovan is a resident of Oregon. She has never been to Massachusetts. LAG alleges that she is responsible for posting various defamatoiy statements about it on Facebook. These statements included allegations that LAG is using and abusing animals to make a profit off of donations. Donovan also states that she never directed her posts to residents of Massachusetts, but rather, that the posts were meant to be read by a worldwide audience. She admitted at the hearing on this matter that she made three donations to LAG, totaling approximately $110. Further, she admitted that she submitted a complaint to the Massachusetts Attorney General’s Office regarding LAG’S operations.

IV.Facts Relating to Vierela

Vierela is a resident of North Carolina. She has never visited Massachusetts. LAG avers that Vierela posted defamatoiy statements about it on Facebook and the Internet. In those postings, LAG states that Vierela accused LAG of abusing animals and stated that the founder of LAG was akin to a “rapist, child abuser, and a murderer.” Vierela further boasted on the Internet that she was responsible for destroying certain LAG fundraising campaigns. Vierela states that all of her postings occurred from her home in North Carolina. She further contends that her posts were meant to be read by all users of the Internet and were not directed at Massachusetts residents specifically. At the hearing, Vierela admitted she made donations to LAG and assisted in an animal adoption before LAG’s incorporation.

V. Facts Relating to Talltree

Talltree is a resident of Washington state. She has never been to Massachusetts. LAG contends that Talltree posted various defamatory statements about it on Facebook and other Internet websites. These statements included allegations that LAG was torturing animals and laundering funds. Talltree alleges that she did not direct these postings at the Commonwealth. At the hearing on this matter, the parties noted that at some point, Talltree approached LAG about adopting an animal.

VI. Facts Relating to Hardin

Hardin lives in Georgia. She visited the Commonwealth once, in 1994. LAG avers that Hardin made various defamatoiy statements about it on Facebook, including statements that LAG conducted immoral experiments on animals. Hardin maintains that these statements were aimed at the general worldwide public, and not necessarily Massachusetts residents. She also admitted at the hearing that after the commencement of litigation, she submitted a complaint against LAG to the Massachusetts Attorney General’s Office.

VII. Facts Relating to Tinnon

Tinnon currently resides in the United Kingdom. She temporarily visited the United States, but has returned home, and currently has no plans to visit the United States again. Although she has been to the United States, she has never visited Massachusetts. LAG alleges that Tinnon also made defamatory statements about it on Facebook and other Internet websites. These statements involved allegations that LAG murdered and abused animals. Tinnon states that she did not aim these comments at the citizens of Massachusetts.

VIII. Facts Relating to Bess

Bess is a resident of Tennessee. Bess has only driven through the state of Massachusetts. LAG alleges that she published defamatory statements about it on Facebook and other Internet websites. Specifically, LAG avers that Bess posted that LAG is a fraud and a cult. Bess contends that these statements were not directed at Massachusetts residents. At the hearing on this matter, Bess admitted that she donated one cent to LAG in 2012.

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Bluebook (online)
32 Mass. L. Rptr. 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lets-adopt-global-inc-v-macey-masssuperct-2015.