Acquadro v. Bergeron

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a denial of making a statement would be a factual assertion but a denial of making a tortious statement was a legal conclusion
• noting that the facts in the defendant's sworn affidavit are to be taken as true in determining whether the burden shifts to the plaintiff to prove jurisdiction
• noting that the plaintiff has the burden to offer further evidence to support the allegations in the complaint after the defendant sufficiently challenges by affidavits the allegations supporting jurisdiction in the complaint
• explaining that defendant’s statement in her affidavit that she “did not make defamatory statements” about the plaintiff was insufficient to shift the burden back to plaintiff
• noting that the purpose of the evidentiary hearing on jurisdiction was not to resolve whether the defendants committed tortious acts in the state but only whether they committed acts that would subject them to jurisdiction if proven to be true
• finding exercise of personal jurisdiction proper where defendant’s affidavit was conclusory and did not refute underlying facts giving rise to jurisdiction

Source: CourtListener parenthetical corpus (CC0).