United States First Circuit

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Edlow v. RBW, LLC, 10-1746

District court's dismissal of a suit against a condominium developer seeking to rescind a purchase of a unit is affirmed where: 1) the breach of contract claims were properly dismissed because the complaint does not plausibly plead a breach of any contractual duty; 2) because defendant did not have a contractual duty to provide plaintiff's desired lifestyle amenities by the closing date, it could not have breached the covenant of good faith and fair dealing; 3) because none of the documents incorporate any actionable promises or oral statements from defendant, plaintiff's misrepresentation claim necessarily fails; 4) the facts pleaded would not support a plausible inference that the liquidated damages provision was unconscionable; 5) claims under the Massachusetts Consumer Protection Act was properly dismissed as no reasonable fact-finder could conclude that plaintiff's reliance upon alleged false statement was reasonable; and 6) the district court did not abuse its discretion in denying the motion to amend.

Appellate Information

  • Decided 08/08/2012
  • Published 08/08/2012

Judges

  • Howard

Court

  • United States First Circuit

Counsel


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