United States First Circuit

In a dispute over a contract to develop and license two computer programs related to the defendant's radiology services, the district court's grant of summary judgment to the plaintiff on its breach of contract claim is affirmed, where: 1) the plaintiff tendered adequate proof that it had performed, and the defendant--although claiming a specific alleged flaw in the plaintiff's performance--failed to offer any competing competent evidence to counter that of the plaintiff, and so failed to generate a material issue preventing summary judgment; 2) the parol evidence rule rendered any earlier-stage agreement unenforceable; and 3) there was no plain error in the damages award.

Appellate Information

• Decided 04/10/2012
• Published 04/10/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James L. Messenger, Lawrence S. Delaney