Dispositive | Motion to Dismiss For Lack of Personal Jurisdiction for Alaska State Superior Court (2024)

“In general, jurisdiction is [a] court’s power to decide acase.” (See Peidlow v. Williams (2020) 459 P.3d 1136, 1145.)

“For a court to exercise jurisdiction over a given case, it must havepersonal jurisdiction over the parties and subject matter jurisdiction overthe claims asserted.” (See Olson v. Olson, Supreme Court No. S-11965, at*6 (Alaska Sep. 5, 2007).)

Purpose and Significance of Personal Jurisdiction

“The requirement that the court have personal jurisdiction over theparties before it is an element of due process.”(See Kerr v. Kerr (1989) 779 P.2d 341, 343; Hanson v. Denckla (1958) 357 U.S.235, 250, 78 S.Ct. 1228, 1237, 2 L.Ed.2d 1283.)

“The scope of the superior court's personal jurisdiction is governed byAS 09.05.015, which provides that Alaska courts may exercise personaljurisdiction over a defendant who is a natural person domiciled in thisstate.” (See Olson v. Olson, Supreme Court No. S-11965, at *6 (AlaskaSep. 5, 2007); Int'l Shoe Co. v. Washington (1945) 326 U.S. 310, 316; Nw.Med., Inc. v. State, Dep't of Revenue (2006) 151 P.3d 434, 438.)

“Alaska's superior courts are courts of general jurisdiction andtherefore hav[e] the power to hear all controversies which may be broughtbefore [them] within the legal bounds of rights or remedies, except insofar ashas been expressly and unequivocally denied by the state's constitution orstatutes.” (See id; Siggelkow v. State (1987) 731 P.2d 57, 61.)

“This court is guided by the principle that due process of law requiresminimum contacts . . . such that the maintenance of the suit does not offendtraditional notions of fair play and substantial justice.” (See Puhlmanv. Turner (1994) 874 P.2d 291, 294; Glover v. Western Air Lines, Inc. (1987)745 P.2d 1365, 1367; Calder v. Jones (1984) 465 U.S. 783, 788, 104 S.Ct. 1482,1486, 79 L.Ed.2d 804.)

“This court has deemed it fair to exercise personal jurisdictionwhere the defendant's contacts with the forum are substantial enough thatthe defendant could reasonably anticipate being haled into court. ..”(See id; Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 472, 105 S.Ct.2174, 2182, 85 L.Ed.2d 528.)

Rules for Filing a Motion to Dismiss for Lack of Personal Jurisdiction

Rule 12 of the Alaska Rules of Civil Procedure governs motions to dismiss.

“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 beasserted in the responsive pleading thereto if one is required, except thatthe following defenses may at the option of the pleader be made bymotion…(2) lack of jurisdiction over the person…” (SeeAlaska R. Civ. P. 12(b)(2).)

“Alaska’s long-arm statute, AS 09.05.015, lays out a list ofcircumstances under which personal jurisdiction may be exercised. The listis not exclusive; the statute includes a ‘catch-all’ provision,which we have interpreted as allowing courts to exercise jurisdiction to theextent allowed by the Due Process Clause of the FourteenthAmendment.”(See Armstrong v. Chance (2024) 541 P.3d 1128, 1132.)

Discretion of the Court in Deciding a Motion to Dismiss for Lack of PersonalJurisdiction

“The decisions of trial courts regarding motions to dismiss involvelegal issues which we review de novo.”(See Krause v. Matanuska-Susitna Borough (2010) 229 P.3d 168, 174; CatholicBishop of N. Alaska v. John Does 1-6 (2006) 141 P.3d 719, 722; Nunez v. Am.Seafoods (2002) 52 P.3d 720, 721; Guerrero v. Alaska Hous. Fin. Corp. (2000) 6P.3d 250, 253.)

“To survive a motion to dismiss filed under Alaska Civil Rule 12, it isenough that the complaint set forth allegations of fact consistent with andappropriate to some enforceable cause of action.” (See id; Carlson v.Renkes (2005) 113 P.3d 638, 641; Caudle v. Mendel (1999) 994 P.2d 372, 374.)

“This lenient standard means that [i]f, within the framework of thecomplaint, evidence may be introduced which will sustain a grant of relief tothe plaintiff, the complaint is sufficient. We must presume all factualallegations of the complaint to be true and [make] all reasonable inferences .. . in favor of the non-moving party.” (See id; Belluomini v. Fred Meyerof Alaska, Inc. (1999) 993 P.2d 1009, 1014l; Kollodge v. State (1988) 757 P.2d1024, 1026.)

Notable Decisions Discussing a Motion to Dismiss for Lack of PersonalJurisdiction

“This court may exercise jurisdiction under Alaska's long-arm statute to the maximum extent permitted by due process under the federal constitution. Due process permits the assertion of 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 Glover v. Western Air Lines, Inc. (1987) 745 P.2d 1365, 1367; Calder v. Jones (1984) 465 U.S. 783, 788, 104 S.Ct. 1482, 1486, 79 L.Ed.2d 804, 811; Milliken v. Meyer (1940) 311 U.S. 457, 463, 61 S.Ct. 339, 343, 85 L.Ed. 278, 283.)

“In essence, jurisdiction may be asserted when it is found that the defendant's contacts with the forum are substantial enough that the defendant could reasonably anticipate being haled into court in that forum. The defendant's contacts with the forum should be found sufficiently substantial whenever a defendant has maintained continuous and systematic general business contacts with the forum state.” (See id; Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462, 472, 105 S.Ct. 2174, 2182, 85 L.Ed.2d 528, 542; Helicopteros Nacionales de Colombia v. Hall (1985) 466 U.S. 408, 416, 104 S.Ct. 1868, 1873, 80 L.Ed.2d 404, 412.)

Dispositive | Motion to Dismiss For Lack of Personal Jurisdiction for Alaska State Superior Court (2024)

FAQs

What is a motion to dismiss based on lack of personal jurisdiction? ›

A motion to dismiss for lack of personal jurisdiction is usually granted without prejudice (meaning the plaintiff can re-file in another forum). See Point of Law (POL). So before filing a motion to dismiss, consider whether the current forum is in fact better than the alternatives.

What does it mean to be dismissed for lack of jurisdiction? ›

Definition. A motion to dismiss for lack of personal jurisdiction is a motion made by a defendant, challenging the court's ability to exercise personal jurisdiction over the moving party.

What is void for lack of jurisdiction? ›

A judgment or order may be void if the issuing court lacked subject matter jurisdiction over the action, if the court lacked personal jurisdiction over the defendant, if the judgment or order granted relief that the court had no power to grant, or if the judgment was procured by fraud on the court.

Can personal matter jurisdiction be waived? ›

Personal jurisdiction can generally be waived (Unlike subject matter jurisdiction). Therefore, if the party being sued appears in a court without objecting to the court's lack of personal jurisdiction over them, the court will assume that the defendant is waiving any objection to personal jurisdiction.

What is an example of lack of personal jurisdiction? ›

If the jurisdiction it lacks is over the subject matter, for instance, a federal court trying a divorce case or a state court trying a case for a violation of the Internal Revenue Code, the court's judgment is simply void.

How do you challenge personal jurisdiction? ›

If the court file shows you were personally served and you disagree, you will be asked to provide evidence to show that it is unlikely you were the person served at that time and place. You should consult an attorney regarding this issue.

What happens when a court lacks jurisdiction? ›

"If a court has no jurisdiction of the subject of an ac- tion, a judgment rendered therein does not adjudicate anything.

How to defeat a motion to dismiss? ›

To successfully defeat the motion to dismiss, a pro se litigant must address the following potential responses.
  1. The plaintiff's allegations don't fit the facts of the case.
  2. There is a missing element of the claim.
  3. There are no factual allegations in the complaint, only conclusions.

What happens if judges determine that they lack subject matter jurisdiction? ›

In fact, the court must always ensure it has proper jurisdiction over a dispute and the parties. If it determines it does not, the court will dismiss the case on its own (sua sponte).

What causes lack of jurisdiction? ›

Lack of Jurisdiction: When a court does not have the power to act in a certain way or provide certain types of help, it is called lack of jurisdiction. This can happen when the court does not have authority over a person or the subject matter of a lawsuit, or when it cannot act until certain requirements are met.

What is an example of lack of subject-matter jurisdiction? ›

For example, Congress limited the subject-matter jurisdiction of the United States Tax Court to cases related to taxation; thus, that court does not have subject-matter jurisdiction over any other matter. Most state courts are courts of general jurisdiction, whereas federal courts have limited jurisdiction.

What is the burden of proof in jurisdiction? ›

Depending on the jurisdiction and type of action, the legal standard to satisfy the burden of proof in U.S. litigation may include, but is not limited to: beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases.

What is a dismissal for lack of personal jurisdiction? ›

In deciding a motion to dismiss for lack of personal jurisdiction, the Court need not treat plaintiff's allegations as true. Id. Rather, the Court may consider and weigh affidavits and other relevant matter in making the jurisdictional determination.

What are the three types of personal jurisdiction? ›

There are three types of personal jurisdiction: jurisdiction over the person; in rem jurisdiction and quasi in rem jurisdiction.

Do state courts need subject matter jurisdiction? ›

The U.S. and state constitutions, as well as federal and state laws, grant and limit courts' jurisdiction. To make a legally valid decision, a court must have both subject matter jurisdiction (power to hear the kind of case a lawsuit involves) and personal jurisdiction (power over the parties involved in the lawsuit).

What is an example of lack of subject matter jurisdiction? ›

For example, Congress limited the subject-matter jurisdiction of the United States Tax Court to cases related to taxation; thus, that court does not have subject-matter jurisdiction over any other matter. Most state courts are courts of general jurisdiction, whereas federal courts have limited jurisdiction.

Which of the following are proper grounds for a motion to dismiss? ›

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

What is personal jurisdiction in law? ›

Personal jurisdiction or in personam jurisdiction refers to a court's power over a person (or entity) who is a party to, or involved in, a case or controversy before the court, including its power to render judgments affecting that person's rights.

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