Applied Underwriters Captive Risk Assurance Company. Inc., an Iowa corporation, appellant,
E.M. Pizza, Inc., a California corporation, appellee.
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
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.
Due Process: Jurisdiction: States. When
determining whether a court has personal jurisdiction over a
party, it must first determine whether a state's long-arm
statute is satisfied, and if the long-arm statute is
satisfied, whether minimum contacts exist between the
defendant and the forum state for personal jurisdiction over
the defendant without offending due process.
Constitutional Law: Jurisdiction: States.
Nebraska's long-arm statute, Neb. Rev. Stat. §
25-536 (Reissue 2016), provides that a court may exercise
personal jurisdiction over a person who has any contact with
or maintains any relation to this state to afford a basis for
the exercise of personal jurisdiction consistent with the
Constitution of the United States.
Due Process: Jurisdiction: States. The Due
Process Clause protects an individual's liberty interest
in not being subject to the binding judgments of a forum with
which he or she has established no meaningful contacts, ties,
___: ___. Due process is satisfied where the nonresident
defendant's minimum contacts are such that the defendant
should reasonably anticipate being haled into court there.
Neb.App. 907] 7. Jurisdiction:
States. A court exercises two types of personal
jurisdiction depending upon the facts and circumstances of
the case: general personal jurisdiction and specific personal
___. A court has general personal jurisdiction over a
nonresident defendant if the defendant has engaged in
continuous and systematic business connections with the forum
___. Specific personal jurisdiction arises where the
nonresident defendant's contacts with the forum state are
neither continuous nor systematic, but the plaintiff's
claim arises from the defendant's minimum contacts with
___. If a court determines that a defendant has sufficient
minimum contacts with the forum state, the court must then
weigh the facts of the case to determine whether exercising
personal jurisdiction would comport with fair play and
___: ___. When determining whether exercising personal
jurisdiction over a nonresident defendant would be fair and
reasonable, a court may consider the burden on the defendant,
the interest of the forum state, the plaintiff's interest
in obtaining relief, the judicial system's interest in
obtaining the most efficient resolution of controversies, and
the shared interest of the several states in furthering
fundamental substantive social policies.
Jurisdiction: States: Contracts. Where a
choice-of-forum clause is a necessary component of the
court's exercise of personal jurisdiction, then the court
would have no jurisdiction but for the fact that the parties
have consented to its exercise by the choice-of-forum
agreement, and the standards contained in the Model Uniform
Choice of Forum Act, Neb. Rev. Stat. § 25-413 et seq.
(Reissue 2016), apply.
Jurisdiction: States. A plaintiff's
choice of a forum should not be overturned except for weighty
reasons, and only when trial in the chosen forum would
establish oppressiveness and vexation to the defendant out of
all proportion to the plaintiff's convenience, or when
the forum is inappropriate because of considerations
affecting the court's own administrative and legal
___: ___. In determining whether a state is a reasonably
convenient place for the trial of an action under Neb. Rev.
Stat. § 25-414(1)(b) (Reissue 2016), courts are required
to consider both private and public interest factors.
Appeal and Error. Errors must be both
assigned and argued to be addressed by an appellate court.
from the District Court for Douglas County: Duane C.
Dougherty, Judge. Affirmed.
Neb.App. 908] Jeffrey A. Silver for appellant.
Kristopher J. Covi, of McGrath, North, Mullin & Kratz,
PC, L.L.O., for appellee.
Chief Judge, and Riedmann and Welch, Judges.
appeal requires us to determine whether an Iowa corporation
made a prima facie case to establish that the Nebraska courts
have personal jurisdiction over a California corporation
under either Nebraska's long-arm statute, Neb. Rev. Stat.
§ 25-536 (Reissue 2016), or the Model Uniform Choice of
Forum Act (Choice of Forum Act), Neb. Rev. Stat. §
25-413 et seq. (Reissue 2016). The district court for Douglas