United States First Circuit

In a diversity action seeking compensation for assisting defendant in its efforts, over a number of years, to complete a deal to sell sensor fuzed weapons (SFWs) to the Saudi government and that defendant failed to abide by a promise to supplement the modest fees paid under the parties' written consulting agreements through an 'offset' arrangement linked to the weapons sale, the district court's grant of summary judgment for defendant on all of plaintiff's claims after allowing limited discovery and declining to provide plaintiff an opportunity to amend its complaint, is reversed in part where, although the contract and tort claims are not viable, the district court erroneously dismissed plaintiff's Chapter 93A misrepresentation claim based solely on the failure of the contract claim.

Appellate Information

• Published 2017/04/19

Judges

• LIPEZ

Court

• United States First Circuit

Counsel