United States First Circuit

Summary judgment for defendant on breach of contract and promissory estoppel claims arising out of an agreement over the exercise of plaintiff's incentive stock options is affirmed, but summary judgment for defendant on plaintiff's negligent misrepresentation claim is reversed where Massachusetts law permits the claim on a theory of failure to disclose and the summary judgment record did not permit the definitive conclusion that plaintiff could not have reasonably relied upon any misrepresentations by defendant.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter N. Wang, with whom Yonaton Aronoff and Foley & Lardner LLP were on brief, for appellant.


• For Appellees:
  
• Kenneth J. DeMoura, with whom Michael D. Riseberg and Adler Pollock & Sheehan P.C. were on brief, for appellee.