United States First Circuit

Judgment finding defendant liable for breach of a Settlement Agreement that was entered to resolve a pending lawsuit (and that required defendant to sell certain materials exclusively through plaintiff and to pay plaintiff a twelve percent commission on all sales of the materials thereby generated) is affirmed, where: 1) it was not an abuse of discretion for the district court to allow plaintiff to amend its complaint to add a jury demand, as the issues in this case were suited to jury determination ad it was reasonable for plaintiff to delay its request for a jury trial until it became clear that settlement would not be forthcoming; and 2) the evidence suggests that both parties understood the term "aged film" to mean film thirteen months old or older, or at least a reasonable jury could so conclude (thus, "aged film" is covered by the Settlement Agreement).

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel