Cioffi v. Gilbert Enters., Inc., No. 14-1002 (1st Cir. 2014)
Annotate this CasePlaintiff was an exotic dancer employed by an adult entertainment club (“Club”) operated in Providence, Rhode Island by Defendant, a Rhode Island corporation. Plaintiff sued the Club, alleging that she was injured when a fellow dancer assaulted her. The Club removed the action to the United States District Court of the District of Massachusetts and then moved to dismiss the action for improper venue and want of in personam jurisdiction. The district court’s Judge Saylor subsequently transferred the case to the District of Rhode Island, determining that the Club had insufficient contacts with Massachusetts to warrant the exercise of personal jurisdiction. The Club again moved to dismiss, alleging that the suit had been commenced outside the applicable limitations period. Plaintiff did not respond to this motion. The district court summarily granted the motion and dismissed the action. On appeal, Plaintiff challenged Judge Saylor’s determination that the Massachusetts district court lacked personal jurisdiction over the Club. The First Circuit affirmed, holding that Plaintiff’s argument was not reviewable on appeal.
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