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Style - Each of the home builders has a variety of different styles and the one that resonates with you will likely be the difference maker. Although it may be true that phone calls and posting information on a website, without more, are insufficient on their own to satisfy the minimum contacts standard, this was not, as discussed above, the Kaufmann Defendants' only forum-related conduct. Living Homes: Review and Comparison of Leading Prefab and Modular Home Builders We compare Blu Homes vs. 2002). Si continas recibiendo este mensaje, infrmanos del problema The Attorney General's office filed a lawsuit accusing the owner of Blue Lake Inc. of deception under the Indiana Deceptive Consumer Sales Act. Blu Homes alleges that on July 12, 2009, Kaufmann told Haney that she planned to leave the preconfigured prefabricated home business to pursue other design opportunities instead, with a focus in the non-profit area or resorts. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. Aydanos a proteger Glassdoor y demustranos que eres una persona real. Thanks! "Of those factors, the convenience to the expected witnesses is probably the most important factor, and the factor most frequently mentioned." Please download the PDF to view it: Download PDF. (You can unsubscribe anytime), In recent years, many restaurant chains have begun to explore modular construction as an alternative to traditional construction methods for new locations. 20). The parties also stated that they both hoped to develop a productive long-term business relationship. For more details and to speak with our firm without cost or obligation, follow the links below. In 2009, Blu Homes acquired the designassetsof Michelle Kaufmann (mkDesigns), including the popular Sunset Breezehouse, the Glidehouse and mkLotus line. Michelle Kaufmann, Michelle Kaufmann Studios, Inc., Michelle Kaufmann Studio, Studio 101 Designs, Inc., Defendants. 2020-09-15, Santa Clara County Superior Courts | Other | (Am. We think these will be the key decision making factors for most people: Service area - Blu Homes only serves Northern California at the moment while Method Homes serves the Western U.S. and Canada. The first factor does not weigh against jurisdiction. Nous sommes dsols pour la gne occasionne. A local homeowners association claims dozens of homes have serious drainage defects . The Kaufmann Defendants have also moved to strike portions of the McCarthy Declaration filed by Blu Homes in support of its opposition to the Kaufmann Defendants' motion to dismiss or transfer. Memo at 9). The Kaufmann Defendants also contend that the parties will be unable to compel the attendance of unwilling witnesses located in California. . 25). Compl. 2010) (citing cases). 5:14-CV-02374 | 2014-05-22, U.S. District Courts | Contract | On August 21, 2009, Blu Homes entered into a six-month consulting agreement with the Kaufmann Defendants ("Consulting Agreement"). They are three of the leading, modern prefab builders and each has been around for over 10 years. scusiamo se questo pu causarti degli inconvenienti. Corp. v. Chambers, 944 F.Supp. Save hundreds of hours of research. 1999) (quotations and citations omitted). Although the APA was attached to the first amended complaint as an exhibit, the first amended complaint does not allege any breach of the APA nor does it put at issue Blu Homes' ownership of the assets it acquired under the APA. Foster-Miller, Inc. v. Babcock & Wilcox Canada, 46 F.3d 138, 145 (1st Cir. Florida Attorney General Pam Bondi has reached a settlement with Pulte Homes that resolves mounting complaints about residential . The Kaufmann Defendants argue that Kaufmann did not purposefully avail herself of Massachusetts since it was Blu Homes who reached out to her and requested that she travel to Massachusetts and that if Kaufmann knew she could be sued in Massachusetts for traveling to this state on business related to Blu Homes, she would never have come to Massachusetts. their location is entitled to little weight. Memo 23-24; Kaufmann Aff. (Pl. 2018-08-16, U.S. District Courts | Contract | para informarnos de que tienes problemas. Compl., Ex. Any such litigation may be filed, brought, heard, tried or determined only in [that forum]." Blu Homes Address: 1245 Nimitz Ave Vallejo, CA 94592 Use our bidding system to request a quote Blu Homes Photos View All Photos (34) Blu Homes As designers of premium prefab homes, we believe in building with the highest quality craftsmanship and technologies, in half the time of custom homes. Here, the Court has considered the declaration for the purposes of determining whether the Kaufmann Defendants have established minimum contacts with Massachusetts, not for deciding the merits of Blu Homes' contract claims which are not before the Court at this time. Mariotti Building Products. In their filings, the Kaufmann Defendants argue that allowing Blu Homes to describe the their acts in the complaint as intentional would amount to undue prejudice under Rule 15(a)(2) because intentional acts would not be covered under Kaufmann's insurance policy (which has not been produced to the Court) and would severely limit Kaufmann's ability to litigate this case. Blu Homes designs, manufacturers and markets "green" or "ecofriendly" homes for residential, commercial and institutional customers. 12).2 The company is a leader in its industry for its innovative use of computer modeling and unconventional building materials and, in particular, its use of folding steel framing. The strong "presumption in favor of a plaintiff's choice of forum renders transfer inappropriate where its effect is merely to shift the inconvenience from one party to the other." Nearby homes. v. Powered by Dvele is the process of integrating the most resilient, health-promoting, and inspiring technology to enlighten the experience of a Blu home. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 51 (1st Cir. 10-17). . (Am. Even if relatedness and purposeful availment have been shown, the Court must still determine whether the exercise of personal jurisdiction is reasonable in light of the so-called "gestalt" factors: "(1) [the Kaufmann Defendants'] burden in appearing, (2) [Massachusetts'] interest in adjudicating the dispute, (3) [Blu Homes'] interest in obtaining convenient and effective relief, (4) the judicial system's interest in obtaining the most effective resolution of the controversy, and (5) the common interests of all sovereigns in promoting substantive social policies." Wenn Description: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck. A lot of things plagued Blu Homes over the years. The Kaufmann Defendants have also moved to strike certain paragraphs of a declaration filed in support of Blu Homes' opposition to their motion to dismiss. 1404(a). Leverage your professional network, and get hired. 1998). This case often evokes a range of complaints among the homeowners. The plaintiff says he was alerted to the smartphones privacy issue through an email sent from Amazon, which referenced a potential security issue with certain Blu phone models. The Court must also keep in mind that "there is a `strong presumption in favor of the plaintiff's choice of forum.'" LAWSUITS FILED AGAINST BLU, GOEV and EBS - Jakubowitz Law Pursues Shareholders Claims. Disculpa It was painful to see what was once a nationwide prefab home manufacturer forced to consolidate back to a single state, especially Blu Homes who had opened a huge plant on Mare Island in California just a few years ago. Pursuant to an Asset Purchase Agreement ("APA") dated July 17, 2009, Blu Homes purchased all of the intellectual property assets of mkElements from Uecker in order to build and expand its business. "The First Circuit employs a tripartite analysis to determine whether specific jurisdiction is appropriate: 1) whether the claims arise out of or are related to the defendant's in-state activities; 2) whether the defendant has purposefully availed itself of the laws of the forum state and 3) whether the exercise of jurisdiction is reasonable under the circumstances." 34, 46 (D. Mass. For more information, visit www.bluhomes.com. United States v. Swiss Am. Aesthetics: Each of the builders has beautiful, contemporary-looking homes. (Def. Mercier v. Sheraton Int'l, Inc., 935 F.2d 419, 424 (1st Cir. (D. 18). Filed: November 22, 2016 1:16-cv-24892-MGC. Our team of Dvelees shares a common vision to inspire a new future full of beautiful, health-promoting homes that are entirely self-powered, adaptable, safe and highly resilient. This browser does not support PDFs. Blu Homes opened its San Francisco office only a few months ago and had no employees there prior to the commencement of this lawsuit. Taken together, these contacts are neither "fortuitous" nor "purely incidental" (Def. (Pl. at 3; McCarthy Decl. As a consultant for Blu Homes, she came to Massachusetts to discuss products with the design team and received certain trade secrets and other confidential information during that visit. 20). See, e.g., Berklee College of Music, Inc. v Music Indus. 7/20/11 at 33-34). OCOEE, Fla. Action 9 investigates new home warranty complaints against one of the area's biggest builders. at 8; Tr. In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . Apartment in Huez, Auvergne-Rhne-Alpes, France Contact. 10). For the reasons set forth below, the Kaufmann Defendants' motion to dismiss or transfer and motion to strike are DENIED and Blu Homes' motion for leave to file a second amended complaint is GRANTED. . In 2009, Blu Homes acquired the design assets of . (Am. Shareholders interested in representing the class of wronged shareholders have until the lead plaintiff deadline to petition the court. See McCarthy Decl. thus, the moving defendant . On October 27-29, 2009, Kaufmann traveled to Massachusetts to work directly with Blu Homes' design team at the company's headquarters in Waltham, Massachusetts on various products and designs. Notwithstanding the liberality of this approach, the court will not "credit conclusory allegations or draw farfetched inferences." Now, for the first time, we are offering all of the same unique features of a Dvele for all Blu Homes. 1995) (quoting Boit v. Gar-Tec Prods., Inc., 967 F.2d 671, 675 (1st Cir. P. 45(b)(2), whereas Blu Homes may require its witnesses to travel to California because they are employees of the company, the Kaufmann Defendants have not shown that any of their potential witnesses are in fact unwilling or unable to appear in Massachusetts. Click on the link below to discover what makes for a high-end modern home. When considering whether to grant a motion pursuant to 28 U.S.C. to let us know you're having trouble. United States District Court, D. Massachusetts. Compare Invest Almaz v. Temple-Inland Forest Prods. 1:20-CV-11086 | 2020-12-30, Orange County Superior Courts | Other | Dvele recently launched their self-powered home initiative, providing a comprehensive solution that addresses climate change and power grid resilience. Any inconvenience including cost, travel and time away from tending to business matters imposed on the Kaufmann Defendants' witnesses is the same as that which would be imposed on Blu Homes' witnesses. NEW YORK, NY / ACCESSWIRE / April 26, 2021 / Jakubowitz Law announces that securities fraud class action . Blu Homes for example suggests savings of $700 to $900 per year depending on the climate. Maybe it is the boldness that compels you to linger. 18).3 Once Blu Homes and Kaufmann signed the Consulting Agreement, Kaufmann began collaborating with Blu Homes' designers on virtually all the company's products and designs. In negotiating the Consulting Agreement, Kaufmann came to Massachusetts to meet with Blu Homes' management team and made allegedly false statements upon which Blu Homes relied when it entered into the Consulting Agreement with Kaufmann.4 In addition, in performing the services for which she was hired under the Consulting Agreement, Kaufmann was in regular contact with Blu Homes' design team and traveled to Massachusetts on at least one occasion to discuss products she had either originally designed or to which she had substantially contributed with them. (Pl. Here, however, the Kaufmann Defendants are not expressly named in the APA as a party or third-party beneficiary to the contract. Compl. Click on the case name to see the full text of the citing case. we own. Am., LLC v. Caraustar Indus., Inc., 754 F.Supp.2d 168, 172 (D. Mass. Gen. L. c. 93A (Count V) against all Defendants; trademark infringement under 15 U.S.C. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Since, as discussed above, the Kaufmann Defendants will not be prejudiced by the timing or nature of the second amended complaint and given that they have not argued any other compelling basis for denying Blu Homes' motion for leave to amend its complaint, this Court finds no reason to deny Blu Homes' motion under the liberal standard of Rule 15(a)(2). As discussed infra, the Kaufmann Defendants' additional argument that they would not be able to compel their witnesses, located in California, to testify in Massachusetts (Def. Privacy PolicyTerms and ConditionsCookie PolicyAbout Us, Blu Homes Updating Iconic Breezehouse to be This Years Sunset Idea House, Blu Homes Apple Approach to Building Green Prefab Homes, Blu Homes Unfolds A Reinvention of Modular Housing, Open, light-filled, indoor/outdoor spaces, Healthy building materials (formaldehyde-free), Well insulated, high-efficiency heating and cooling, Energy Star appliances, efficient lighting, Transparent, well-managed timeline and costs. After leaving their huge factory and going through three CEOs in less than a year. As Blu Homes scales down production in Vallejo, it expects to maintain a 10- to 15-person project development and management office there, compared with as many as 50 two years ago, McMinn said. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Blu Homes has now settled with Studio 101 Designs, Inc. and that defendant has now been dismissed from this action. Whatever it is, we realize that a high-end modern home is ingrained in the details. A class action lawsuit claims Blu Products, as well as developers Shanghai Adups Technology Co., Ltd. And Adups USA LLC, installed firmware on roughly 120,000 Blu smartphones that illegally recorded individuals' texts, call logs, physical locations, personal contacts and other confidential data and transmitted the information to a server in . Combining the Blu brand with our original vision for Dvele as a technology platform is a powerful step forward in our quest to revolutionize this industry.". Here, clearly, it would be more convenient for Blu Homes to pursue this action in Massachusetts where its corporate headquarters and its witnesses and documents are located. A prefabricated modular. Blu Homes compensated the Kaufmann Defendants through payments made through Blu Homes' Massachusetts bank account. As noted above, Kaufmann personally negotiated the Consulting Agreement on behalf of herself and Michelle Kaufmann Studio physically in Massachusetts and subsequently, while in California, continued to negotiate the contract with Blu Homes. Sorta makes one ask why all those hundreds of millions of dollars that investors poured into Blu Homes didnt make this work out. In addition to the defense motions, Blu Homes' motion for leave to file a second amended complaint is also pending. Adelson v. Hananel, ___ F.3d ___, 2011 WL 2698330, at *2 (1st Cir. 1:16-CV-00851 | 2016-04-14, Santa Clara County Superior Courts | Personal Injury | The second factor, concerning Massachusetts' interest in adjudicating the dispute, weighs heavily in favor of keeping the lawsuit in this district. Hanson v. Denckla, 357 U.S. 235, 253 (1958) (citing Int'l Shoe Co v. State of Washington, 326 U.S. 310, 319 (1945)). For all these reasons, the Court opts not to transfer the case.11. Below is our side-by-side comparison of the measurables of the three builders, including the review scores from leading crowdsourced review sites. Si continas viendo este mensaje, 17). If a case is brought in a federal district court where venue is improper, that court must either dismiss the case, or, if in the interest of justice, transfer the case to a proper venue. 1121 and 28 U.S.C. is to move forward with the lawsuit in the present forum." Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Breezehouse / Sidebreeze / Origin / Glidehouse / Lofthouse / Balance / Breeze Aire / Element. In determining whether a given judicial district is a "district in which a substantial part of the events occurred," courts in the First Circuit look "not to a single `triggering event' prompting the action, but to the entire sequence of events underlying the claim," an approach which "takes a holistic view of the acts underlying a claim." Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. Compl. However, because "it is unlikely that the parties will be able to resolve the dispute without judicial intervention in some forum" if the matter is dismissed here, "[t]he most efficient path for the judicial system . 1114(1)(a) (Count II), trademark infringement and unfair competition under 15 U.S.C. Sigros v. Walt Disney World Co., 129 F.Supp.2d 56, 71 (D. Mass. By teaming up with Dvele, all Blu products just became a whole lot more modern. When an award-winning design is met with ultra-efficient capabilities something incredible happens. this factor is only meaningful where a party can demonstrate some kind of special or unusual burden." The Vallejo based company employs quality. Blu has spent over a decade revolutionizing the construction industry building beautiful prefabricated homes across the US, with their award winning Breezehouse at the forefront. Police say a Kirkland-based home builder and re-modeler used his community connections to allegedly dupe more than 35 families out of millions of dollars, and counting. Listed below are those cases in which this Featured Case is cited. Here, where the Kaufmann Defendants claim that Blu Homes has failed to satisfy the prima facie standard to support jurisdiction, the Court considers "whether the plaintiff has proffered evidence that, if credited, is enough to support findings of all facts essential to personal jurisdiction." Astro-Med, Inc., 591 F.3d at 12 (quoting Coady v. Aschraft & Gerel, 223 F.3d 1, 11 (1st Cir. The Kaufmann Defendants have also not shown that Blu Homes and Uecker intended to benefit them as third-party beneficiaries at the time they entered into the APA. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail ". . Founded in 2007 by current CEO Bill Haney and co-founder Maura McCathy, Blu Homes aims to provide affordable, high quality,architect-designed, eco-friendlyhomes in an efficient, simple process. Learn how to buy land, select the best house plan, get financing, calculate investment ROI, and more. Sch. DocketDescription: Complaint (Unlimited) (Fee Applies); Filed By: Cheryl Buck, Contra Costa County Superior Courts | Contract | The APA contains a forum selection clause which states that "[t]he Superior Court of the State of California in and for the County of San Francisco and the United States District Court for the Northern District of California shall have exclusive jurisdiction over any litigation arising out of or related to this agreement. Under California law,"[w]hen a party not specifically identified in an agreement claims third-party beneficiary status, it has the burden of proving that the contracting parties intended to benefit it." Homeowners accuse builders of cutting corners and failing to maintain their homes. (McCarthy Decl. (Pl. Blu Homes is based here in Massachusetts. LA JOLLA, Calif., May 27, 2020 /PRNewswire/ -- Dvele, a San Diego -based housing technology company and Blu Homes ("Blu"), a pioneer in modern luxury prefab homes, have . United States District Court, D. Massachusetts.https://leagle.com/images/logo.png. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: (i) Emergent's Baltimore plant had a history of manufacturing issues increasing the likelihood for massive contaminations; (ii) these longstanding contamination risks and quality control issues at Emergent's facility led to a string of FDA citations; (iii) the Company previously had to discard the equivalent of millions of doses of COVID-19 vaccines after workers at the Baltimore plant deviated from manufacturing standards; and (iv) as a result of the foregoing, Defendants' public statements about Emergent's ability and capacity to mass manufacture multiple COVID-19 vaccines at its Baltimore manufacturing site were materially false and/or misleading and/or lacked a reasonable basis. Made in the bay Area, our homes are built in half the time of traditional custom homes. Kaufmann negotiated the Consulting Agreement in Massachusetts, she was in regular contact with Blu Homes employees in Massachusetts via email and telephone and she came to Massachusetts on Blu Homes business. (D. 26). The Kaufmann Defendants' argument that venue is improper in this district due to a forum selection clause in the APA, conferring venue exclusively in the courts of California, is unavailing. 0:00. During this same visit, she allegedly received Blu Homes' trade secrets and confidential information. Educators, Inc., 733 F.Supp.2d 204, 209-10 (D. Mass. Having weighed the various factors, the Court is not convinced that the balance of conveniences and fairness outweighs the strong presumption in favor of plaintiff's choice of venue. In this case, venue is proper in this district. It seems they were just purchased by Delve. They are being sued by three homeowners associations, including Townhome 1. (Affidavit of Defendant Michelle Kaufmann ("Kaufmann Aff.") Accordingly, Blu Homes' motion for leave to amend is GRANTED. (McCarthy Decl. Dvele's homes minimize waste and exceed structural, environmental, and home performance standards, without sacrificing an aesthetically pleasing style. 2009). And delivered to Northern California. 3). verdade. 36% of employees would recommend working at Blu Homes to a friend and 29% have a positive outlook for the business. .tg .tg-yw4l{vertical-align:top}. Here, the Kaufmann Defendants directed regular conduct toward Massachusetts and their contacts with the state were voluntary and the result of more than a single activity or transaction. 1391(b)(2). 1998) (affirming denial of leave to amend sought a year after the first amended complaint was filed, where granting leave would have resulted in "a re-opening of discovery with additional costs, a significant postponement of trial, and a likely major alteration in trial strategy and tactics"). The Kaufmann Defendants also advertise and promote their architectural designs and design services through websites visible to customers in Massachusetts. These details add up to a holistic experience that is both seen and felt beyond what traditional construction homes offer. "The alignment between Blu and Dvele on building superior homes for our occupants and the planet got us excited, and the synergy of strategy and IP made this an obvious next step.". 20). The guide will be emailed to you soon. 20). That's all homes for sale in Grenoble, France we have matching your search today. Chambre Prive de 11 m2 dans grand appartement partag de 85 m2 au 6me et dernier tage (avec ascenseur). A Blu Home powered by Dvele embraces technology that is designed to embolden your lifestyle. must establish that the private and public interests weigh heavily on the side of trial in the foreign forum." Compl. The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. New to ClassAction.org? If you do not agree with these terms, then do not use our website and/or services. 14), but fail to demonstrate a "special or unusual burden" about its situation other than the ordinary inconvenience of litigating an action in another state. None of Blu Homes' potential witnesses work in its San Francisco office or are located within California. Speed of construction: Each of the houses can be built from start to finish in only a few months. 11). 19; Tr. Caso continue recebendo esta mensagem, "Because there is a presumption in favor of plaintiff's choice, transfer is not appropriate where its effect is merely to shift the inconvenience from one party to the other." Kaufmann allegedly conveyed the same message to Haney throughout their discussions from July 2009 through October 2009. Packages have many finish options and upgrades available including multiple upgrade levels for kitchen appliances. Wick Buildings; the Best Company for Superior Structures with Fair Cost, Lester Buildings: a One- Stop Solution Post-Frame Building System, Resin Crafts Basics That Every Beginner Should Know, 20 Inspiring DIY Candle Holders Ideas to Enhance Your Place, 20 DIY Platform Bed Ideas: Simple and Strong Constructions, 20 DIY Hat Rack Ideas for Beautiful Headgear Display, 19 Creative and Easy Ideas to Build DIY TV Stand. One of the two parties to the consulting agreement central to this case is, and was at all times relevant to this litigation, located in Massachusetts. "These are the only thing that we have. Relatedness focuses on whether "`the claim underlying the litigation . (Am. The filed complaint alleges that defendants made materially false and/or misleading statements and/or failed to disclose that: while BLU-5937's "high selectivity" contributed to the drug causing little to no taste alteration in chronic cough patients, that high selectivity also contributed to the drug potentially being less efficacious and thus likely not be able to meet the primary endpoint of the Company's Phase 2 trial. (McCarthy Decl. We have regularly scheduled open houses to tour this home throughout the year. Gary Fleisher, Modular Construction Industry Observer and Information Gatherer. 93-97) and intellectual property rights that are delineated by federal and common law. (McCarthy Decl. questo messaggio, invia un'email all'indirizzo Chambre scurise avec SERRURE A CLE. If youre considering purchasing a prefab or modular home, theres a good chance that youve come across the companies Blu Homes, Method Homes and Living Homes. from 8 AM - 9 PM ET. Indeed, the business activities of the Kaufmann Defendants here are similar to those the First Circuit recently found constituted purposeful availment in Adelson, where the Defendant, located in Israel, sought an employment contract with a company whose officers were located in Massachusetts and whose financial accounts were administered out of Massachusetts and was in regular contact with employees in Massachusetts. 1992)). Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. (Declaration of Maura McCarthy, Vice President for sales and marketing at Blu Homes ("McCarthy Decl.") It commands breathtaking views and epitomizes Blu's mantra of letting the outdoors in. Blu's inspired and nationally recognized products can be found from New York to the Colorado Mountains and the Pacific Coast. Photo (c) Tzogia Kappatou - Getty Images. The integration of the new intellectual property, now exclusively owned by Blu Homes, into the company's business has been largely responsible for more than a fivefold increase in its sales and is a cornerstone of what the company expects will be significant growth in the future. Sch. 19; McCarthy Decl. 7/20/11 at 20). During the course of the parties' negotiations, Kaufmann came to Massachusetts to negotiate her consulting arrangement on July 21-23, 2009. In June of 2020, Dvele acquired Blu Homes, another high-end modular home builder sharing a common vision of providing high-end homes that are ultra-efficient and health-promoting. 78-81), misappropriation of trade secrets and confidential information (Am. Here, the claims raised by Blu Homes directly arise and relate to the Kaufmann Defendants' contacts with Massachusetts. Go to our Visit Us page to find out more. Time of traditional custom Homes Poole, P.A., 290 F.3d 42, 51 ( 1st Cir aydanos proteger! 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Caraustar Indus., Inc., Defendants cutting corners and failing to maintain their Homes now for. Neither `` fortuitous '' nor `` purely incidental '' ( Def Ness, Motley Loadholt... ( avec ascenseur ) the outdoors in and Modular home builders we compare Homes., 223 F.3d 1, 11 ( 1st Cir remove comments but is no! Promote their architectural Designs and design services through websites visible to customers in Massachusetts follow the links.... Blu & # x27 ; potential witnesses work in its San Francisco office only a months. Evokes a range of complaints among the homeowners ( a ) ( quoting Coady v. Aschraft Gerel..., then do not agree with these terms, then do not use our website and/or services design through. And Each has been around for over 10 years terms, then not... Details and to speak with our firm without cost or obligation, follow the links below cost... Together, these contacts are neither `` fortuitous '' nor `` purely incidental '' ( Def the citing.. Instructions d & # x27 ; potential witnesses work in its San Francisco office are. F.Supp.2D 204, 209-10 ( D. Mass only meaningful where a party can demonstrate some of... ), trademark infringement and unfair competition under 15 U.S.C action 9 investigates new home warranty against. Poured into Blu Homes compensated the Kaufmann Defendants also advertise and promote architectural...

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