Charles J. Brainerd v. The Governors of the University of Alberta J. Peter Meekison Eugene S. Lechelt Pamela Jarvis

Charles J. Brainerd appeals the dismissal of his action against J. Peter Meekison and the Governors of the University of Alberta for lack of personal jurisdiction. We reverse in part, vacate the judgment and remand.

FACTS AND PROCEEDINGS BELOW

Charles J. Brainerd, the plaintiff, was formerly employed by the University of Alberta, Canada, as a faculty member. The defendants are J. Peter Meekison, Academic Vice President of the University of Alberta, and the Governors of the University of Alberta, the corporate body that directs the University. A dispute arose between Brainerd and the University over the alleged misuse of grant funds. Brainerd and the University entered into a settlement agreement that provided that Brain-erd would resign his academic position and the University would provide a specific reference for him, in the form outlined in the agreement. This reference simply stated Brainerd’s employment dates, his duties, and that his annual performance evaluations were average or above average.

Brainerd subsequently accepted a tenured position with the University of Arizona. Rumors regarding his departure from the University of Alberta reached administrators at the…