Page:Soma v. SCB.pdf/14

 First, Soma has not demonstrated that SCB solicited Soma’s business. “[S]olicitation is some evidence suggesting purposeful availment.” Far West Capital, Inc., 46 F. 3d at 1076 (citing Burger King Corp., 471 U.S. at 473). Indeed, on the record before us, it is as likely that SCB entered into a banking relationship with Soma because of Soma’s unilateral decision to select SCB as its bank. We note that “courts have been unwilling to allow states to assert personal jurisdiction over foreign defendants where the defendant’s presence in the forum arose from the unilateral acts of someone other than the defendant.” OMI Holdings, Inc., 149 F. 3d at 1092. As the district court observed, “[t]he fact that Soma happened to be a resident of Utah was of no consequence to Standard Chartered.” Op. & Order at 10, Appellant’s App. Vol. I at 91. Indeed, “there is no indication that Utah had anything but a fortuitous role in the parties’ past dealing or would have any role in their continuing relationship.” Far West Capital, Inc., 46 F. 3d at 1080; cf. SII Management, Inc., 969 P. 2d at 435–36 (finding minimum contacts standard met when foreign corporation entered into distribution agreement and purchased products on weekly basis from Utah corporation).

Second, the bulk of SCB’s remaining contacts with Utah consisted of a limited number of faxes and other written communications concerning the account, along with a few wire transfers of funds. “It is well-established that