Matter of Paul D Burgauer Revocable Living Trust

Summary

The Nevada Supreme Court held that the Calder "effects test" for purposeful direction applies when determining specific personal jurisdiction over a nonresident trustee in trust administration cases sounding in intentional tort. The court found that the trustee's letter to a Michigan attorney and alleged failure to make distributions to a Nevada beneficiary did not constitute purposeful direction toward Nevada, as the defendant's suit-related conduct must create a substantial connection with the forum state beyond mere injury to a forum resident. Because the beneficiary failed to establish minimum contacts, the district court lacked personal jurisdiction over the trustee, requiring vacatur of trust administration orders and the contempt order against him.

Holdings

1. The Calder effects test, not simple purposeful availment, applies to analyze the purposeful direction prong when the underlying claims sound in intentional tort, as they do here.
2. Steven did not purposefully direct his activities toward Nevada; therefore, the district court lacked specific personal jurisdiction over him.

Questions Presented

1. Whether the Calder effects test or traditional purposeful availment analysis applies in determining specific personal jurisdiction over a nonresident trustee in a trust administration case sounding in intentional tort.
2. Whether Steven Burgauer purposefully directed his activities toward Nevada such that the district court could exercise specific personal jurisdiction over him.

Disposition

reversed_and_remanded