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Roth Grading, Inc. v. Martin Brothers Construction

Court of Appeals of Nebraska

May 29, 2018

Roth Grading, Inc., doing business as Impact Roller Technology, a Nebraska corporation, appellant,
v.
martin brothers construction, a California corporation, appellee.

          1. Motions to Dismiss: Jurisdiction: Pleadings. When a trial court relies solely on pleadings and supporting affidavits in ruling on a motion to dismiss for want of personal jurisdiction, the plaintiff need only make a prima facie showing of jurisdiction to survive the motion.

         2. Jurisdiction: Rules of the Supreme Court: Pleadings: Appeal and Error. When reviewing an order dismissing a party from a case for lack of personal jurisdiction under Neb. Ct. R. Pldg. § 6-1112(b)(2), an appellate court examines the question of whether the nonmoving party has established a prima facie case of personal jurisdiction de novo.

         3. Motions to Dismiss: Appeal and Error. In reviewing the grant of a motion to dismiss, an appellate court must look at the facts in the light most favorable to the nonmoving party and resolve all factual conflicts in favor of that party.

         4. Jurisdiction: Words and Phrases. Personal jurisdiction is the power of a tribunal to subject and bind a particular person or entity to its decisions.

         5. Constitutional Law: Jurisdiction: Due Process: Service of Process: States. The Due Process Clause of the 14th Amendment to the U.S. Constitution bars a court from exercising personal jurisdiction over an out-of-state defendant, served with process outside the state, unless that defendant has sufficient ties to the forum state.

         6. Constitutional Law: Jurisdiction: Statutes: Due Process: States. A two-step analysis is used to determine whether a Nebraska court may validly exercise personal jurisdiction over an out-of-state defendant. First, a court must consider whether Nebraska's long-arm statute, Neb. Rev. Stat. § 25-536 (Reissue 2016), authorizes the exercise of personal [25 Neb.App. 929] jurisdiction over the defendant. Second, a court must consider whether the exercise of personal jurisdiction over the defendant comports with due process.

         7. Constitutional Law: Jurisdiction: Statutes: Due Process. If a Nebraska court's exercise of personal jurisdiction would comport with the Due Process Clause of the 14th Amendment, it is authorized by the long-arm statute, Neb. Rev. Stat. § 25-536 (Reissue 2016).

         8. Constitutional Law: Jurisdiction: Due Process: States: Words and Phrases. To satisfy the Due Process Clause, a court may only exercise personal jurisdiction over a defendant that is not present in the forum state if that defendant has minimum contacts with the forum such that the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. To constitute sufficient minimum contacts with the forum, the defendant's conduct and connection with the forum state must be such that he or she should reasonably anticipate being haled into court there.

         9. Jurisdiction: States. Whether a defendant's contacts with the forum state are sufficient to support the exercise of personal jurisdiction will vary with the quality and nature of the defendant's activity, but it is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws.

         10. _:_. Personal jurisdiction is proper where the defendant's contacts proximately result from actions by the defendant himself or herself that create a substantial connection with the forum state.

         11. Jurisdiction: States: Words and Phrases. General, or all-purpose, jurisdiction arises where a defendant's affiliations with the forum state are continuous and systematic.

         12. Jurisdiction: Words and Phrases. Specific, or case-linked, jurisdiction requires that a claim arise out of or relate to the defendant's contacts with the forum.

         13. _:_. With regard to specific personal jurisdiction, there must be a substantial connection between the defendant's contacts and the operative facts of the litigation.

         14. Constitutional Law: Jurisdiction: States. Nebraska's long-arm statute, Neb. Rev. Stat. § 25-536 (Reissue 2016), extends Nebraska's jurisdiction over nonresidents having any contact with or maintaining any relation to this state as far as the U.S. Constitution permits.

         15. Due Process: Jurisdiction: States. The benchmark for determining if the exercise of personal jurisdiction satisfies due process is whether the defendant's minimum contacts with the forum state are [25 Neb.App. 930] such that the defendant should reasonably anticipate being haled into court there.

         16. Jurisdiction: States. Whether a defendant's contacts with the forum state are sufficient to support the exercise of personal jurisdiction will vary with the quality and nature of the defendant's activity, but it is essential in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws.

         17. _:_. Personal jurisdiction is proper where the defendant's contacts proximately result from actions by the defendant himself or herself that create a substantial connection with the forum state.

         18. Jurisdiction: States: Contracts: Parties. To determine whether a defendant's contract supplies the contacts necessary for personal jurisdiction in a forum state, a court is to consider the parties' prior negotiations and future contemplated consequences, along with the terms of the contract and the parties' actual course of dealing.

         19. Jurisdiction: Contracts: States. The existence of a contract with a party in a forum state or the mere use of interstate facilities, such as telephones and mail, does not, in and of itself, provide the necessary contacts for personal jurisdiction.

         20. _:_:_. The existence of a contract and the use of interstate communications may be considered in an overall personal jurisdiction analysis.

         21. Jurisdiction: Parties. When considering the issue of personal jurisdiction, a court will consider the prior negotiations between the parties and contemplated consequences, and if a substantial ...


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