Burton Boone, III, and Diamond Boone v. Six Unit, LLC, Michael Lizotte, Erica Lizotte, and James & Stolt, LLC d/b/a Summit Real Estate

Summary

The United States District Court for the District of New Hampshire granted defendants’ motions concerning lack of personal jurisdiction in a fraud action arising from a Maine real estate transaction. The court held that the plaintiffs failed to establish relatedness and purposeful availment sufficient for specific personal jurisdiction in New Hampshire. Pursuant to 28 U.S.C. § 1631, the court transferred the action to the United States District Court for the District of Maine.

Holdings

1. The plaintiffs failed to make a prima facie showing of specific personal jurisdiction over the defendants because the alleged forum contacts did not satisfy the relatedness and purposeful-availment requirements.
2. When the court found a want of personal jurisdiction and the action could properly have been brought in the District of Maine, transfer rather than dismissal was appropriate in the interest of justice under 28 U.S.C. § 1631.

Questions Presented

1. Whether the District of New Hampshire could exercise specific personal jurisdiction over the Maine defendants based on the national MLS listing and the transmission of executed transaction documents to plaintiffs in New Hampshire.
2. Whether the action should be dismissed for lack of subject matter jurisdiction or on forum non conveniens grounds.
3. Whether, after finding no personal jurisdiction, the court should transfer the action to the District of Maine under 28 U.S.C. § 1631 rather than dismiss it.

Disposition

other