United States First Circuit

District court judgment for plaintiff finding that the settlement agreement between the parties was valid and binding is affirmed where: 1) the settlement agreement was a valid contract between the parties; 2) the settlement agreement compromised all commission-related disputes between the parties; and 3) defendant did not adequately raise a claim that the settlement was infected with "dolo," as defendant's attorney was experienced and accomplished and failed to allege sufficient colorable bad faith on the part of plaintiff. Denial of plaintiff's request for attorneys' fees is affirmed where: 1) the court did not abuse its discretion in finding that defendant's suit was neither obstinate nor frivolous under the Puerto Rico Rules of Civil Procedure; and 2) a review of the record reveals no basis for finding a FRCP 11 (b) violation as there is no evidence that defendant's claims were brought for an improper purpose, rose to the level of being frivolous, or made unsupportable factual allegations.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• HOWARD, Circuit Judge., Before LIPEZ, HANSEN, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Rubén T. Nigaglioni, with whom Nigaglioni & Ferraiuoli Law Offices, PSC, was on brief, for defendant, third-party plaintiffs and appellants/cross-appellees., Néstor M. Méndez Gómez, with whom Janitza M. García-Marrero and Pietrantoni Mendez & Alvarez LLP, were on brief, for plaintiff-appellee/cross-appellant.