United States First Circuit

In an action involving liability for plaintiff's business failure, district court judgment is affirmed where: 1) defendant did not breach the covenant of good faith and fair dealing as none of the actions involved dishonesty or were purposely done to injure, and there was insufficient evidence to show defendant misled plaintiff; 2) defendant is not liable for breach of fiduciary duty as no fiduciary relationship arose between the parties; 3) the court did not err in granting summary judgment on plaintiffs' instrumentality theory claim as plaintiffs failed to make the necessary showing that defendant assumed actual, participatory, and total control over plaintiff's affairs; 4) plaintiff's failed to provide sufficient evidence that defendant was liable for fraud or duress; and 5) court properly granted summary judgment on plaintiff's tortious interfered with advantageous business relations claim as there is no evidence that defendant's actions were improper in motive or means.

Appellate Information

• Decided 06/12/2009
• Published 06/12/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Susan D. Novins with whom Seegel Lipshutz & Wilchins LLP was on brief for appellants.


• For Appellees:
  
• Richard E. Gentilli with whom Howard M. Brown, Lauren A. Solar, and Bartlett Hackett Feinberg P.C. were on brief for appellee.