United States First Circuit

In an action involving breach of contract and consumer protection claims, judgment for plaintiff on the breach of contract claims, the damages award, and dismissal of the consumer protection claims are affirmed where: 1) the district court did not abuse its discretion in declining to consider defendant's newly-submitted evidence; 2) defendant breached its contract with plaintiff by discontinuing royalty payments and failing to provide the requisite notice of its intent to terminate the contract; 3) plaintiff's own conduct in the matter would not allow a reasonable fact-finder to conclude his rights were being violated under pertinent consumer protection statutes; 4) a decision to not compel an expert damages witness to testify was not prejudicial; and 5) there was no error in selecting Tennessee law for calculation of prejudgment interest.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• HOWARD, Circuit Judge., Before HOWARD, Circuit Judge, Wolf, District Judge, and Besosa, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James L. Beausoleil, Jr., with whom Anthony L. Gallia, Duane Morris LLP, and Darlene D. Moreau were on brief, for appellants.


• For Appellees:
  
• Joanne D'Alcomo, with whom Howard P. Blatchford, Jr. and Jager Smith P.C. were on brief, for appellee.