PRESS RELEASE
17 March 2026

Davis Malm Wins Federal Court Ruling Enforcing Massachusetts State Court Forum Selection Clause

DM
Davis Malm & D’Agostine

Contributor

Founded in 1979, Davis Malm is a premier full-service, Boston-based business law firm that represents local, national and global businesses, institutions and individuals in a wide spectrum of industries. Clients rely on Davis Malm’s attorneys to efficiently deliver successful results through direct partner involvement, responsive client service, and creative and strategic problem solving. Its attorneys practice at the top level of the profession and possess the agility necessary to handle any issues that arise during the course of a matter. Davis Malm is a member of the International Lawyers Network, representing Massachusetts and northern New England. This membership enables the firm to offer high-quality, efficient services to clients doing business globally.
Anthony T. Panebianco and Dillon M. Knight successfully secured a favorable ruling on behalf of AE Medical Technologies...
United States

Anthony T. Panebianco and Dillon M. Knight successfully secured a favorable ruling on behalf of AE Medical Technologies, Inc. in the United States District Court for the District of Massachusetts. The Court dismissed claims brought by Candela Corporation based on the enforcement of a contractual forum selection clause. In doing so, the Court clarified the First Circuit’s decision in LFC Lessors, Inc. v. Pac. Sewer Maint. Corp., 739 F.2d 4, 6 (1st Cir. 1984) and explained that the use of the phrase “courts of the Commonwealth of Massachusetts of the United States” designates exclusively Massachusetts state courts.

Specifically, the Court confirmed the word “of” in a forum or choice of law clause such as “courts of the Commonwealth of Massachusetts” or “laws of the Commonwealth of Massachuetts” restricts the meaning of “courts” and “law” to “those that trace their origin to the state.” This decision helps clarify how the First Circuit interprets forum selection and choice of law provisions.

Anthony and Dillon represented AE Medical Technologies, Inc. in all aspects of the federal court proceedings, including developing and advancing the dispositive motion strategy that resulted in dismissal of the case. Their work focused on enforcing the parties’ contractual forum selection clause, briefing the motion to dismiss, and analyzing First Circuit precedent to demonstrate that the phrase “courts of the Commonwealth of Massachusetts” designates exclusively Massachusetts state courts.

To read the complete court decision, please click here.

Contributor

Founded in 1979, Davis Malm is a premier full-service, Boston-based business law firm that represents local, national and global businesses, institutions and individuals in a wide spectrum of industries. Clients rely on Davis Malm’s attorneys to efficiently deliver successful results through direct partner involvement, responsive client service, and creative and strategic problem solving. Its attorneys practice at the top level of the profession and possess the agility necessary to handle any issues that arise during the course of a matter. Davis Malm is a member of the International Lawyers Network, representing Massachusetts and northern New England. This membership enables the firm to offer high-quality, efficient services to clients doing business globally.

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