“The jurisdictional reach of Maine's long-arm statute, 14 M.R.S.A. § 704-A (1980), is coextensive with the permissible exercise of personal jurisdiction under the due process clause of the fourteenth amendment.” (See Interstate Food Proc. v. Pellerito Foods (1993) 622 A.2d 1189, 1191; Frazier v. Bankamerica Int'l (1991) 593 A.2d 661, 662; Caluri v. Rypkema (1990) 570 A.2d 830, 831.)
“In order to exercise personal jurisdiction over a nonresident defendant consistent with the requirements of due process, we must determine that 1) Maine has a legitimate interest in the subject matter of the controversy; 2) the defendant, by its conduct, should reasonably have anticipated litigating in Maine; and 3) the exercise of jurisdiction by Maine's courts would comport with traditional notions of fair play and substantial justice." (See id; Harriman v. Demoulas Supermarkets, Inc. (1986) 518 A.2d 1035, 1036.)
“The plaintiff bears the burden of establishing that jurisdiction is proper under the first two parts of the test. The burden then shifts to the defendant to show that jurisdiction is improper under the third part. When there has been no testimonial hearing and the court proceeds on the parties' pleadings and affidavits, the plaintiff need only make a prima facie showing that jurisdiction exists, and the plaintiff's written allegations of jurisdiction are to be construed in its favor.” (See Interstate Food Proc. v. Pellerito Foods (1993) 622 A.2d 1189, 1191; Electronic Media Int'l v. Pioneer Communications of America, Inc. (1991) 586 A.2d 1256, 1258.)
Rule 12 and Rule 41 of the Maine Rules of Civil Procedure govern motions to dismiss for lack of personal jurisdiction.
“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion… (2) lack of jurisdiction over the person.” (See Me. R. Civ. P. 12(b)(2).)
“Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.” (See Me. R. Civ. P. 12(h)(3).)
“Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision (b) and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.” (See Me. R. Civ. P. 41(b)(3).)
“The legal sufficiency of a complaint challenged by a motion to dismiss is a question of law subject to de novo review by this Court." (See Persson v. Dep't of Human Servs. (2001) ME 124, ¶ 8, 775 A.2d 363, 365; Hathaway v. City of Portland (2004) 845 A.2d 1168, 1171.)
“We review the court's grant of a motion to dismiss de novo for errors of law." (See Hathaway v. City of Portland (2004) ME 47, ¶ 9, 845 A.2d 1168; Lawson v. Willis (2019) 204 A.3d 133, 135.)
It is well settled that “with respect to rule 12(b)(2) motions challenging personal jurisdiction, the court is not confined to the four corners of the complaint.” (See Calnan v. Hurley, Civil Action CV-22-188, at *3 (Me. Super. July 13, 2023); Dorf v. Complastik Corp. (1999) ME 133, ¶ 12, 735 A.2d 984.)
As such, it is also well settled that “facts regarding jurisdictional questions may be determined by reference to affidavits, by a pretrial evidentiary hearing, or at trial when the jurisdictional issue is dependent upon a decision on the merits. When the court proceeds only upon the pleadings and affidavits of the parties, the plaintiff need only make a prima facie showing that jurisdiction exists, and the plaintiffs written allegations of jurisdictional facts should be construed in its favor." (See id.)
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