Motion to Dismiss for Lack of Personal Jurisdiction in Connecticut

What Is a Motion to Dismiss for Lack of Personal Jurisdiction?

Background

“When a defendant challenges personal jurisdiction in a motion to dismiss, the court must undertake a two part inquiry to determine the propriety of its exercising such jurisdiction over the defendant. ‘The trial court must first decide whether the applicable state long-arm statute authorizes the assertion of jurisdiction over the [defendant].’”

“‘If the statutory requirements [are] met, its second obligation [is] then to decide whether the exercise of jurisdiction over the [defendant] would violate constitutional principles of due process.’” (Cogswell v. American Transit Ins. Co. (2007) 282 Conn. 505, 514-15 citing Knipple v. Viking Communications, Ltd. (1996) 236 Conn. 602, 606; see also Thomason v. Chemical Bank (1995) 234 Conn. 281, 286; Frazer v. McGowan (1986) 198 Conn. 243, 246.)

General Information for Complaints and Motions

“A motion to dismiss ‘shall always be filed with a supporting memorandum of law and, where appropriate, with supporting affidavits as to facts not apparent in the record ... If an adverse party objects to this motion he or she shall ... file ... a memorandum of law and, where appropriate, supporting affidavits as to facts not apparent on the record.’” (Anderson v. Anderson, FA186077828S, at *1 [Conn. Super. Ct. Mar. 8, 2019] quoting Practice Book § 25-13.)

Burdens of Proof and Jurisdicitonal Claims for Dismissal

“As a general matter, the burden is placed on the defendant to disprove personal jurisdiction. ‘The general rule putting the burden of proof on the defendant as to jurisdictional issues raised is based on the presumption of the truth of the matters stated in the officer's return. When jurisdiction is based on personal or abode service, the matters stated in the return, if true, confer jurisdiction.’” (Cogswell, supra, 282 Conn. at 515 [internal citation omitted].)

Jurisdiciton Based on Constructive Service

“‘When jurisdiction is based on constructive service, jurisdiction cannot arise solely from the acts recited in the return....’” (Id., citing 1 [E. Stephenson, Connecticut Civil Procedure (2d Ed. 1970)] § 96, p. 390; Standard Tallow Corp. v. Jowdy (1983) 190 Conn. 48, 53.)

Factual Questions Raised

“When a motion to dismiss for lack of personal jurisdiction raises a factual question which is not determinable from the face of the record, the burden of proof is on the plaintiff to present evidence which will establish jurisdiction.” (Cogswell, supra, id., citing Standard Tallow Corp, supra, at 54.)

Foreign Corporation or Non-Resident Individual

“If the defendant challenging the court's personal jurisdiction is a foreign corporation or a nonresident individual, it is the plaintiffs burden to prove the court's jurisdiction.” (Cogswell, supra, at 516 citing Knipple v. Viking Communications, Ltd., supra, 236 Conn. 607.)

Standard of Review and Burdens of Proof

The standard of review for a court's decision on a motion to dismiss is well settled. “A motion to dismiss tests, inter alia, whether, on the face of the record, the court is without jurisdiction.... [Appellate] review of the court's ultimate legal conclusion and resulting [determination] of the motion to dismiss will be de novo..... When a ... court decides a jurisdictional question raised by a pretrial motion to dismiss, it must consider the allegations of the complaint in their most favorable light.... In this regard, a court must take the facts to be those alleged in the complaint, including those facts necessarily implied from the allegations, construing them in a manner most favorable to the pleader.” (Cox v. Aiken (2006) 278 Conn. 204, 211.)

The Court’s Decision

“In order to sustain the plaintiff's burden, due process requires that a trial-like hearing be held, in which she has an opportunity to present evidence and to cross-examine adverse witnesses, unless, as with summary judgment, no genuine issue as to a material fact exists.” (Kenny v. Banks (2008) 289 Conn. 529, 534 citing Standard Tallow Corp. v. Jowdy, supra, 56.)

“A motion to dismiss ... properly attacks the jurisdiction of the court, essentially asserting that the plaintiff cannot as a matter of law and fact state a cause of action that should be heard by the court ... A motion to dismiss tests, inter alia, whether, on the face of the record, the court is without jurisdiction ... When a ... court decides a jurisdictional question raised by a pretrial motion to dismiss, it must consider the allegations of the complaint in their most favorable light.” (Anderson v. Anderson, FA186077828S, at *1 [Conn. Super. Ct. Mar. 8, 2019] quoting Manifold v. Ragaglia (2006) 94 Conn.App. 103, 117.)

Documents for Motion to Dismiss for Lack of Personal Jurisdiction in Connecticut

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ELMWOOD KITCHEN, LLC v. SENIOR CARE CENTERS OF CONNECTICUT, INC. Et Al document preview

REPLY to Plaintiff's Opposition to Defendants' Motion to Dismiss

9 pages

DOCKET NO.: HHD-CV23-6172209-S : STATE OF CONNECTICUT SUPERIOR COURT : ELMWOOD KITCHEN, LLC, : JUDICIAL DISTRICT OF HARTFORD : VS. : AT HARTFORD : SENOR CARE CENTERS OF : CONNECTICUT, INC.; : May 7, 2024 JAMES DONNELLY; CRAIG MEHNERT; : EDWARD DONAHUE; …

Case Name ELMWOOD KITCHEN, LLC v. SENIOR CARE CENTERS OF CONNECTICUT, INC. Et Al