United States First Circuit

In a suit alleging fraud, breach of contract, and various tortious violations of the Puerto Rico civil code against defendants, their conjugal partnership, and several corporations controlled by one defendant, summary judgment for plaintiffs is affirmed where: 1) the district court was within its discretion to deem the facts in plaintiffs' statement of material facts admitted after defendants failed to challenge; 2) the fraudulent activities of one defendant were for the benefit of the conjugal relationship, thus the relationship was liable; and 3) the wife was jointly and severally liable for the acts of her husband since the evidence supported a finding of "fault" on the part of the wife.

Appellate Information

• Decided 03/18/2008
• Published 03/18/2008

Judges

• HOWARD, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Rubén T. Nigaglioni, with whom Nigaglioni & Ferraiuoli Law Offices, P.S.C. was on brief, for appellants.


• For Appellees:
  
• Manuel A. Pietrantoni, with whom Casellas Alcover & Burgos, P.S.C. was on brief, for appellees.