Phillips Exeter Academy v. Howard Phillips Fund, Inc.

Summary

**Personal jurisdiction – specific jurisdiction – relatedness requirement – purposeful availment.** The First Circuit affirmed dismissal for lack of personal jurisdiction, holding that a New Hampshire school’s claims against a Florida-based fund and company for breach of contract and fiduciary duty did not arise out of the defendants’ limited contacts with New Hampshire (annual payments and a single settlement visit). Even if relatedness were shown, the defendants did not purposefully avail themselves of New Hampshire law because they did not initiate the relationship or benefit from forum protections. The court emphasized that a fiduciary’s breach occurs where the disloyal act takes place, not where the plaintiff receives payment, and that the mere location of payment under a contract does not alone establish jurisdiction.

Holdings

1. The court lacks personal jurisdiction because the claims do not arise out of the defendants' contacts with New Hampshire and the defendants did not purposefully avail themselves of the benefits of New Hampshire law.

Questions Presented

1. Whether the district court had specific personal jurisdiction over the defendants based on their contacts with New Hampshire.

Disposition

affirmed