Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A.

Ness Motley (defendant), a Mississippi firm, hired law professor Daynard (plaintiff) to assist with tobacco litigation, and Daynard also communicated with and worked for co-counsel Scruggs Millette (defendant), which through its partner promised Daynard a five percent fee share; Scruggs Millette never formally authorized Ness Motley's hiring of Daynard but accepted the benefit of his work for years before denying payment over an unrelated policy disagreement. Daynard sued both firms for breach of contract in Massachusetts; Scruggs Millette moved to dismiss for lack of personal jurisdiction, which the district court granted, and Daynard appealed.