United States First Circuit

Dismissal of action requesting damages arising from defendant's alleged breach of contract and infringement of plaintiff's intellectual property rights in medical devices is affirmed where: 1) the suit was time-barred since the claim accrued on the date of plaintiff's inquiry letter; 2) the doctrine of fraudulent concealment did not toll the statute of limitations; and 3) the district court did not abuse its discretion by not giving plaintiff the opportunity to amend his complaint.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gary E. Lambert, with whom Lambert & Associates was on brief, for appellant.


• For Appellees:
  
• Andrew Good, with whom Good & Cormier was on brief, for appellee.