United States First Circuit

In a franchisee's suit against Dunkin' Donuts, Inc. and Baskin-Robbins USA, Co. alleging, among other claims, that defendant breached a contract in which it had promised to work with plaintiff to refinance a debt owed to plaintiff's creditor, district court's judgment as a matter of law in favor of defendant in excluding the testimony of plaintiff's expert, is affirmed as, plaintiff was required to offer support for two causal links that, but for defendant's breach, the creditor would have restructured the loans, and but for the lack of debt restructuring, plaintiff would have developed the additional stores, and here, plaintiff failed to present sufficient evidence of either one.

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• STAHL

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ronald W. Dunbar, Jr., Arthur L. Pressman