United States First Circuit

District court judgment holding that plaintiff was equitably estopped from pursuing its claim for reimbursement of deductibles related to a class action settlement is affirmed where the: 1) the court properly found that plaintiff's course of conduct in settling the class action was unreasonable and misleading; 2) defendant reasonably believed that its contribution to the settlement fund would absolve it of all liability; and 3) defendant suffered a cognizable detriment through that reliance as it will now be expected to make additional payments.

Appellate Information

• Decided 08/05/2009
• Published 08/05/2009

Judges

• SELYA, Circuit Judge., Before HOWARD, SELYA and EBEL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David D. Dowd, with whom Curley & Curley, P.C., Jeffrey T. Edwards, and Preti, Flaherty, Beliveau & Pachios, LLP were on brief, for appellant.


• For Appellees:
  
• Thomas C. Newman, with whom Nicole L. Bradick and Murray, Plumb & Murray were on brief, for appellee.