Archangel Diamond Corporation, Petitioner v. Lukoil and Arkhangelskgeoldobycha, Respondents

Summary

The Colorado Supreme Court held that a trial court ruling on a C.R.C.P. 12(b)(2) motion to dismiss for lack of personal jurisdiction may not weigh and resolve material disputed jurisdictional facts against the plaintiff without first holding an evidentiary hearing; on a documentary record the plaintiff need only make a prima facie showing, with factual conflicts resolved in the plaintiff's favor. Applying that standard de novo, the court held Archangel failed to make a prima facie showing of specific jurisdiction over either Russian defendant because AGD's communications into Colorado were random, fortuitous, and attenuated—occurring only after Archangel unilaterally relocated to Colorado—and the Russian-focused agreements showed no purposeful availment; Lukoil's derivative agency-based claim therefore also failed. Archangel did, however, make a prima facie showing of general jurisdiction over Lukoil based on evidence that Lukoil operated a branded gas station in Glendale, Colorado. The court affirmed in part, reversed in part, and remanded to the court of appeals for remaining issues relating to Lukoil.