Mojtabai v. Mojtabai, No. 20-1591 (1st Cir. 2021)Annotate this Case
The First Circuit reversed in part and affirmed in part the judgment of the district court dismissing Plaintiff's complaint filed in connection with mother's estate, holding that the district court erred in granting the motion to dismiss as it pertained to count two.
Plaintiff brought this suit against Defendants, her two sisters, who were appointed as co-executors of the estate upon the death of the mother. Count one set forth a number of state law tort claims relating to Defendants' actions with respect to actions that Plaintiff contended should have been part of the estate. Count two set forth Massachusetts law claims relating to the discharge of a mortgage that the motion held on Plaintiff's Massachusetts condominium. Defendants and the mother were all New Jersey residents. The district court granted Defendants' motion to dismiss, finding a lack of personal jurisdiction conclusive of this case. The First Circuit reversed in part, holding (1) the district court erred in ruling that there was no federal subject matter jurisdiction over Plaintiff's count two claims; and (2) the district court properly dismissed Plaintiff's count one claims.