Motion to Dismiss For Lack of Personal Jurisdiction in New Hampshire

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

Understanding the Purpose and Significance of a Motion to Dismiss for Lack of Personal Jurisdiction

“The inquiry into a court's jurisdiction typically involves a two-part analysis.” (See Mosier v. Kinley (1997) 142 N.H. 415, 419; Brother Records v. Harpercollins Publishers (1996) 141 N.H. 322, 324.)

"Jurisdiction must be authorized, first, under the State's long-arm statute, and second, under the due process clause of the fourteenth amendment to the United States Constitution." (See id.)

“New Hampshire's long-arm statute provides: any person who is not an inhabitant of this state and who . . . commits a tortious act within this state . . . submits himself . . . to the jurisdiction of the courts of this state." (See id.)

“We have held that the fact that only the alleged injury occurred within the State does not preclude New Hampshire courts from subjecting a non-resident to their jurisdiction under the long-arm statute" so long as it was reasonably foreseeable that the injurious consequences would be felt here.” (See Mosier v. Kinley (1997) 142 N.H. 415, 419; Phelps v. Kingston (1987) 130 N.H. 166, 173.)

“We next determine whether the exercise of jurisdiction over the defendant would comport with the federal due process clause.” (See Mosier v. Kinley (1997) 142 N.H. 415, 419.)

"The Due Process Clause of the Fourteenth Amendment to the United States Constitution permits personal jurisdiction over a defendant in any State with which the defendant has certain minimum contacts such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice." (See id.)

Burden in Establishing Personal Jurisdiction

"The plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant." (See Mosier v. Kinley (1997) 142 N.H. 415, 418; Phelps v. Kingston (1987) 130 N.H. 166, 170, 536 A.2d 740, 742.)

“Unlike the general rule applicable to motions to dismiss on the ground of failure to state a claim, when jurisdictional facts are challenged, plaintiffs must not only plead facts sufficient to support jurisdiction, but must also go beyond the pleadings and make affirmative proof." (See id; Brother Records v. HarperCollins Publishers (1996) 141 N.H. 322, 324, 682 A.2d 714, 716.)

“A prima facie showing of jurisdiction, however, will be sufficient to overcome a motion to dismiss.” (See id.)

Standard of Review in Deciding a Motion to Dismiss for Lack of Personal Jurisdiction

“We review a trial court's ruling on a motion to dismiss for lack of personal jurisdiction de novo.” (See Chick v. C F (2007) 156 N.H. 556, 557; Lyme Timber Co. v. DSF Investors (2004) 150 N.H. 557, 559, 842 A.2d 115.)

“Ordinarily, [t]he plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant." (See Chick v. C F (2007) 156 N.H. 556, 557; Vt. Wholesale Bldg. v. J.W. Jones (2006) 154 N.H. 625, 628.)

"In determining whether the plaintiff has met its burden, we generally engage in a two-part inquiry." (See id.)

"First, the State's long-arm statute must authorize such jurisdiction. Second, the requirements of the federal Due Process Clause must be satisfied." (See id.)

Legal Precedents and Case Law on a Motion to Dismiss for Lack of Personal Jurisdiction

It is well settled that “because the requirement of personal jurisdiction represents . . . an individual right [flowing from the Due Process Clause], it can, like other such rights, be waived." (See Chick v. C F (2007) 156 N.H. 556, 558.)

As such, it is also well settled that "[a] defendant may . . . consent or submit to the jurisdiction of a court which otherwise would not have jurisdiction over it. In the absence of contrary statute, a court having jurisdiction of the subject matter may, as a general rule, acquire jurisdiction over the persons of the parties by their consent. Consent has long been recognized as a stand-alone basis for exercising personal jurisdiction, existing independently of long-arm statutes." (See id; Knowlton v. Allied Van Lines, Inc. (1990) 900 F.2d 1196, 1199.)

Dockets for Motion to Dismiss For Lack of Personal Jurisdiction in New Hampshire

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U.S. Bank National Association, not in its individual capacity but solely as Own v Heirs, Devisees, and Legal Representatives of Paulette Z. Coe a/k/a Paulette M., et al

Filed

May 07, 2024

Status

Active

Court

Rockingham County

County

Rockingham County, NH

Case #