A-17-1219, Brittney V. Voss (Appellant) v. Kenneth H. Brown
Washington County District Court, Judge John E. Samson
Attorney for Appellant: Matthew P. Saathoff, Donald E. Loudner III (The Saathoff Law Group, PC, LLO)
Attorney for Appellee: Scott D. Jochim (Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, LLC)
Civil Action: Dismissal for lack of personal jurisdiction
Action Taken by Trial Court: The trial court granted appellee’s motion to dismiss for lack of personal jurisdiction, finding appellee did not have sufficient minimum contacts with Nebraska, and dismissed Voss’ complaint with prejudice.
Assignments of Error on Appeal: Did the trial court err in finding that appellee lacked the necessary contacts with the State of Nebraska when it failed to reference certain contacts, specifically found, in the trial court’s analysis? Did the trial court err in finding that appellee could not reasonably anticipate being hauled into Nebraska court based on the quality and nature of his activities, as his suit-related conduct created a substantial connection to Nebraska forum? Did the trial court err in failing to find that appellee’s alleged agreement with appellant, appellee’s check payment to appellant, appellee’s demand letter to appellant, and the frequent telephone communications between the parties established sufficient minimum contacts with the Nebraska forum? Did the trial court err in finding that exercising personal jurisdiction over appellee would offend traditional notions of fair play and substantial justice as established by the United States Supreme Court and Nebraska case law?