Central States Development, LLC, and Saint James Apartment Partners, LLC v. Elizabeth Friedgut and DLA Piper, LLP

Summary

The Nebraska Supreme Court affirmed dismissal of a legal malpractice action against an out-of-state attorney and law firm for lack of personal jurisdiction. The court held that the defendants’ representation of Nebraska clients concerning a federal housing program, without solicitation of Nebraska clients or other meaningful forum-directed conduct, did not establish sufficient minimum contacts. The location of the clients’ property and alleged injury in Nebraska was insufficient to support specific personal jurisdiction.

Holdings

1. When a personal-jurisdiction hearing is limited to affidavits and accompanying exhibits, the appellate court reviews de novo whether the plaintiff established a prima facie case of personal jurisdiction and views factual conflicts in the plaintiff's favor.
2. A Nebraska-based client does not, by itself, establish specific personal jurisdiction over a nonresident attorney or law firm. Absent solicitation of Nebraska clients or another meaningful connection linking the attorney or firm to Nebraska, providing out-of-state legal representation concerning federal law is insufficient to constitute purposeful availment.

Questions Presented

1. Whether the Nebraska courts had specific personal jurisdiction over an Illinois attorney and Maryland law firm based on their representation of Nebraska clients in a federal HUD matter.
2. Whether the defendants' communications, billing, and work related to a Nebraska property established purposeful availment and sufficient minimum contacts with Nebraska.
3. Whether the location of the alleged injury and the Nebraska clients' residence supplied the necessary connection for specific personal jurisdiction.

Disposition

affirmed