In Personam Jurisdiction[1] The defendant argues that New Hampshire courts cannot properly exercise jurisdiction over him. "The plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant." Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 742 (1987). Unlike the general rule applicable to motions to dismiss on the ground of failure to state a claim, "when jurisdictional facts are challenged, plaintiffs must not only plead facts sufficient to support jurisdiction, but must also go beyond the pleadings and make affirmative proof."

The superior court ruled that each defendant had sufficient "minimum contacts" with New Hampshire such that the State's exercise of jurisdiction over them would not offend "traditional notions of fair play and substantial justice." Internat. Shoe Co. v. Washington, 326 U.S. 310, 316 (1945); see Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 742 (1987). The defendants appealed.

First, the court must determine whether the applicable state long-arm statute authorizes jurisdiction. Id. at 10; see also Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740 (1987). If the long-arm statute would permit jurisdiction, the court must determine whether the defendant has established "minimum contacts" with the state sufficient to insure that the assertion of personal jurisdiction would not be inconsistent with due process and offend "traditional notions of fair play and substantial justice."

When jurisdiction is contested, however, "[t]he plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant." Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 742 (1987). The plaintiff need only make a prima facie showing of jurisdictional facts to defeat the defendants' motion to dismiss.

"The plaintiff bears the burden of demonstrating facts sufficient to establish personal jurisdiction over the defendant." Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 742 (1987). While the general rule applicable to motions to dismiss is that all facts properly pleaded by the plaintiff are deemed true, see Lawton v. Great Southwest Fire Ins. Co., 118 N.H. 607, 610, 392 A.2d 576, 578 (1978), when those facts relate to personal jurisdiction, the plaintiff must offer affirmative proof.

Confronted with a special appearance, a plaintiff has the burden to establish facts which demonstrate the court's personal jurisdiction over the defendant. Droukas v. Divers Training Academy, Inc., 375 Mass. 149, 376 N.E.2d 548 (1978); Phelps v. Kingston, 130 N.H. 166, 536 A.2d 740 (1987). AFFIDAVITS RELATIVE TO A SPECIAL APPEARANCE

Zenane, Inc. v. Tofer, 127 N.H. 366, 366, 499 A.2d 1347, 1348 (1985). See also Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 742 (1987). The court notes that RSA 293-A:121 previously operated in conjunction with RSA 293-A:119, the long-arm statute governing foreign corporations authorized to transact business in New Hampshire under the former Business Corporation Act. RSA 293-A:119 provided, inter alia,

Ealing Corp., supra, 790 F.2d at 981 (citations omitted). Thus, in New Hampshire the court must engage in a two-part inquiry and may assert in personam jurisdiction over defendant only if plaintiff shows that defendant is subject to the applicable New Hampshire long-arm statute and that assertion of jurisdiction is consistent with the due process mandate of the United States Constitution. Hugel v. McNell, 886 F.2d 1, 3 (1st Cir. 1989), cert. denied, 494 U.S. 1079, 110 S.Ct. 1808, 108 L.Ed.2d 939 (1990); Kowalski, supra, 787 F.2d at 9-10; Lex Computer, supra, 676 F. Supp. at 402 (citations omitted); Phelps v. Kingston, 130 N.H. 166, 170, 536 A.2d 740, 741-42 (1987) (and cases therein cited). If personal jurisdiction under the applicable statute cannot be asserted over defendant, the inquiry need go no further. Hugel, supra, 886 F.2d at 3; Kowalski, supra, 787 F.2d at 10 (quoting Cove-Craft Indus., Inc. v. B.L. Armstrong Co., 120 N.H. 195, 198, 412 A.2d 1028, 1030 (1980)); Lex Computer, supra, 676 F. Supp. at 402. A. Under the Statute

A. New Hampshire Long-arm Statute As construed by the New Hampshire Supreme Court, "New Hampshire's long-arm statute authorizes the exercise of personal jurisdiction . . . to the extent permissible under the [f]ederal Due Process [c]lause," In re Reddam, 170 N.H. 590, 180 A.3d 683, 687-88 (2018), and we have generally treated it as "coextensive with the outer limits of due process," Sawtelle, 70 F.3d at 1388 (citing Phelps v. Kingston, 130 N.H. 166, 536 A.2d 740, 742-43 (1987)); see also Vapotherm, 38 F.4th at 258 (citing Phelps for the same conclusion).

The New Hampshire Supreme Court has determined that the scope of RSA 510:4 is as broad as is consistent with the statutory language and the dictates of due process. See Phelps v. Kingston, 130 N.H. 166, 171, 536 A.2d 740, 742 (1987) (RSA 510:4 provides jurisdiction "to the full extent that the statutory language and due process will allow."); see also Estabrook v. Wetmore, 129 N.H. 520, 522, 529 A.2d 956, 958 (1987); Keeton v. Hustler Magazine, Inc., 682 F.2d 33, 33 (1st Cir. 1982), rev'd on other grounds 465 U.S. 770, 104 S.Ct. 1473, 79 L.Ed.2d 790 (1984) (RSA 510:4 seeks "to extend jurisdiction over nonresidents to the fullest extent permitted under the federal constitution"). Kopf alleges, inter alia, that defendant Sturm tortiously interfered with the contractual relations existing between Chloride and himself (Count V). "`It is settled New Hampshire law that a party commits, for jurisdictional purposes, a tortious act within the state when injury occurs in New Hampshire even if the injury is the result of acts outside the state.'"