Rockwood Select Asset Fund v. Devine, Millimet & Branch, No. 13-4112 (10th Cir. 2014)Annotate this Case
Rockwood Select Asset Fund XI (6)-1, LLC (a Utah company), received a loan application. In considering the request, Rockwood required the borrower to obtain an opinion letter from its New Hampshire law firm, Devine, Millimet & Branch. Devine provided the letter, which was picked up by someone and forwarded to Rockwood’s owner in Utah. Rockwood concluded that the opinion letter contained falsehoods and sued Devine in Utah federal court. The district court dismissed the suit based on lack of personal jurisdiction. Rockwood appealed. The issue before the Tenth Circuit centered on whether Devine had sufficient contacts with Utah to permit the exercise of personal jurisdiction. The Court concluded that Devine’s contacts with Utah were insufficient, and thus affirmed the district court's decision.