Otto

Otto v. Dakota Arms, Inc.

Good Law
185 F. App'x 606
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-35941California519 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants Ron Otto, Aaron Pursley and Little Sharps Rifle Manufacturing, LLP (collectively “Sharps”) appeal the district court’s grant of appellee Dakota Arms, Inc.’s (“Dakota”) motion to dismiss for lack of personal jurisdiction. The facts and procedural history are known to the parties and we do not recount them here.

First, Montana lacked general jurisdiction over Dakota because Sharps did not establish that Dakota’s contacts with Montana were substantial or continuous and systematic. See Threlkeld v. Colorado, 303 Mont. 432 , 16 P.3d 359, 361 (2000). Dakota’s contacts with Montana are analogous to those in Bedrejo v. Triple E Canada, Ltd., 295 Mont. 430 , 984 P.2d 739, 741 (1999), and Threlkeld, 16 P.3d at 361 , where the Supreme Court of Montana did not exercise general jurisdiction, and are not analogous to those in Reed v. American Airlines, Inc., 197 Mont. 34 , 640 P.2d 912, 913-14 (1982), where the Supreme Court of Montana exercised jurisdiction.

Second, Montana lacked specific jurisdiction over Dakota because Sharps’s cause of action did not arise from the “transaction of any business within [Montana].” M.R. Civ. P. 4(B)(1)(a). Sharps has failed to prove…

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