T. H. Glennon Co., Inc. v. Monday

── T. H. Glennon Co., Inc. v. Monday ── Court: Court of Appeals for the First Circuit Date: April 17, 2026 Category: General Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 23-1883 T.H. GLENNON CO., INC., Plaintiff, Appellant, v. DEBRA MONDAY, individually and as Manager of TMG Green LLC; TMG GREEN, LLC; ULDERIC BOISVERT, individually and as Manager of Greenwood Farms, LLC and as President of H.U.R.B Landscaping, Inc.; GREENWOOD FARMS, LLC; H.U.R.B. LANDSCAPING, INC.; Pat Does 1-5, Defendants, Appellees, SHONN MONDAY, individually and as Manager of TMG Green LLC, Defendant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge] Before Gelpí, Thompson, and Dunlap, Circuit Judges. Michael C. Walsh, with whom Walsh & Walsh LLP was on brief, for appellant. Ronaldo Rauseo-Ricupero, with whom Nixon Peabody LLP was on brief, for appellees H.U.R.B. Landscaping and Boisvert. April 17, 2026  THOMPSON, Circuit Judge. Writing only for the parties -- who well know the facts, the case history, and the arguments -- we see no reason to beat around the bush: we reverse the dismissal of the claims against Debra Monday but affirm the dismissal of the claims against the other defendants.1 Here's just a bit of context before we get there, though. After plaintiff/appellant T.H. Glennon Co., Inc. ("Glennon") fired salesman Shonn Monday (a Massachusetts resident), Glennon's leadership team learned that Shonn had breached his non-disclosure agreement.2 His purported offenses? In short, stealing Glennon's confidential corporate info and starting a competitor company in the apparently cut-throat world of mulch coloring and landscaping equipment. So (trimming down the procedural history quite a bit) Glennon sued Shonn as well as today's appellees: his wife Debra (also a Massachusetts resident), their new company TMG Green, and their suspected collaborators, the New York-based H.U.R.B. Landscaping and its officer Ulderic Boisvert. The Massachusetts federal district court dismissed several claims and then bifurcated the proceedings, pausing the case for all the defendants 1 All these dismissals were without prejudice. 2 We call Shonn Monday "Shonn" and Debra Monday "Debra" to avoid confusion, but we mean no disrespect in using their first names. - 3 - except Shonn. It then held a bench trial just for the claims against him, and, in a fifty-six-page written decision, found him liable to Glennon for several claims. After some more briefing, the court (in a text order) dismissed without prejudice the remaining claims against all the other defendants for a lack of personal jurisdiction.3 In a twenty-four-page appellate brief containing just eleven pages of argument, Glennon appeals those dismissals. It makes one good point -- the claims against Debra shouldn't have been dismissed based on a lack of personal jurisdiction -- but the remainder of its arguments lack merit, are waived, or both; none require extended discussion.4 I. DEBRA MONDAY For starters, we agree with Glennon's uncontested argument that the district court wrongly dismissed Debra on the 3 The order in full: Treating the opposition to reopening the case as a renewed motion to dismiss, the motion is allowed without prejudice to allow the plaintiff to either re-file in a district