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Neutral Court Opinion Apr 29, 2026

Putnam v. EPR Properties

── Putnam v. EPR Properties ── Court: Court of Appeals for the First Circuit Date: April 28, 2026 Category: General United States Court of Appeals For the First Circuit No. 25-1857 ELIZABETH PUTNAM; CALE PUTNAM, Plaintiffs, Appellants, v. EPR PROPERTIES; PREMIER PARKS, LLC, Defendants, Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Margaret R. Guzman, U.S. District Judge] Before Aframe, Howard, and Dunlap, Circuit Judges. Benjamin R. Zimmermann, with whom Stacey L. Pietrowicz, Sarah Yun, and Sugarman & Sugarman, P.C., were on brief, for appellants. Peter L. Bosse, with whom Karli J. Grant and Boyle Shaughnessy Law P.C. were on brief, for appellee EPR Properties. William J. Brennan, with whom Kennedys CMK LLP was on brief, for appellee Premier Parks, LLC. April 28, 2026 DUNLAP, Circuit Judge. Plaintiffs-Appellants Elizabeth and Cale Putnam ("Plaintiffs") are bereaved parents whose five-year old son, Anthony, died after an unsecured Murphy bed fell on him in their room at the Hotel Valcartier in Québec, Canada, where the family was vacationing. Seeking redress for the alleged wrongful death of their son, Plaintiffs sued Defendants-Appellees Premier Parks, LLC ("Premier") and EPR Properties ("EPR") (together, "Defendants"), who they believed -- based on public information -- operated and owned the Hotel Valcartier, respectively. Premier and EPR each moved to dismiss Plaintiffs' suit for lack of personal jurisdiction, based on sworn statements denying that Premier or EPR owned, operated, advertised, or booked rooms for the Hotel Valcartier. Despite Plaintiffs' submission of documents linking Defendants to the ownership and management of the Hotel Valcartier, the district court dismissed Plaintiffs' complaint with prejudice and denied Plaintiffs any jurisdictional discovery. Following our review of the record on appeal, we affirm in part and reverse in part. I. At all relevant times, Plaintiffs were citizens of Massachusetts. Premier is a limited liability company that operates amusement and water parks in several states, not including Massachusetts. Incorporated in Delaware, Premier has its - 2 - headquarters in Oklahoma. EPR is a real estate investment trust incorporated in Maryland and headquartered in Missouri. From 2022 to 2024, Elizabeth Putnam saw advertisements and content related to the Ice Hotel on the Hotel Valcartier property in Québec, Canada. Sometime in late 2022 or early 2023, she received an issue of Yankee Magazine -- a publication targeting New England audiences -- that included an article featuring the Ice Hotel. In October 2022, she sent an email to [email protected] inquiring about when and how she could book a room at the Ice Hotel. In April 2023, she booked a room at the Ice Hotel for January 14, 2024, via valcartier.com. The booking also included a room at the Hotel Valcartier on the same night so Plaintiffs could shower and store their luggage. The hotel emailed Elizabeth Putnam a receipt that included her Massachusetts mailing address. Thereafter, Elizabeth began receiving regular marketing emails from the hotel. She also revised her hotel reservation
CourtListener · Apr 28, 2026
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