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United States First Circuit


Advanced Flexible Circuits, Inc. v. GE Sensing & Inspection Technologies GMBH, 12-2007

This case arises out of the termination of pre contractual negotiations between plaintiff and defendants. After two years of negotiations between the parties, but prior to the execution of a contract, defendants terminated negotiations with plaintiff. Plaintiff filed suit, alleging that defendants were liable for precontractual damages under the Puerto Rico doctrine of culpa in contrahendo for arbitrarily and unjustifiably withdrawing from contractual negotiations. Summary judgment in favor of defendants is affirmed, where: 1) plaintiff has offered no competent evidence permitting a finding of liability on its culpa in contrahendo claim, as other than speculative conclusory allegations, plaintiff has offered no evidence that defendants' termination of the contractual negotiations was arbitrary, unjustified, or otherwise wrongful; and 2) the district court did not abuse its discretion in sanctioning plaintiff for failing to comply with the district court's "anti-ferret rule" (D.P.R. Civ. R. 56).

Appellate Information

  • Decided 03/20/2015
  • Published 03/20/2015

Judges

Court

  • United States First Circuit

Counsel

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