United States Third Circuit

In a subcontractor's suit for breach of contract, fraudulent inducement, unjust enrichment, and an account stated, district court's judgment is affirmed where: 1) when reviewing a motion for summary judgment, a district court does not abuse its discretion under Rule 30(e) when it refuses to consider proposed substantive changes that materially contradict prior deposition testimony, if the party proffering the changes fails to provide sufficient justification; 2) district court correctly granted judgment on the breach of contract claim and denied plaintiff's motions for reconsideration as the court did not abuse its discretion in refusing to consider plaintiff's untimely and contradictory errata sheet; 3) district court's rejection of plaintiff's unjust enrichment claim is affirmed; and 4) district court did not err in rendering judgment under Rule 52(c) on the claim for fraudulent inducement as the district court did not clearly err in finding that plaintiff had failed to prove a material misrepresentation by clear and convincing evidence.

Appellate Information

• Decided 08/18/2010
• Published 08/18/2010

Judges

• CHAGARES

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jennifer L. Gardner, Albert A. DeGennaro