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Scott M. Epstein v. C.R. Bard, Inc., Futuremed Interventional, Inc. Crossbow Ventures, Inc.

Citations: 460 F.3d 183; 60 U.C.C. Rep. Serv. 2d (West) 1213; 2006 U.S. App. LEXIS 21697; 2006 WL 2458020Docket: 06-1023

Court: Court of Appeals for the First Circuit; August 25, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, a designer and manufacturer of medical devices filed a complaint against a corporation alleging breach of contract and intellectual property infringements. The initial complaint was dismissed by the district court for failure to state a claim, with the decision upheld on appeal by the First Circuit. The district court's dismissal was based on the statute of limitations, determining that the plaintiff was on inquiry notice of his claims as of October 10, 1999, thus rendering the claims time-barred. The plaintiff's assertions of fraudulent concealment were also rejected due to insufficient specificity in the pleadings as required under Rule 9(b). Furthermore, the court denied the plaintiff's request to amend the complaint under Rule 15(a), stating there was no abuse of discretion, as the plaintiff did not provide adequate justification for amendment. The appellate court affirmed the district court's rulings, awarding costs to the appellee, and did not address any claims not appealed by the plaintiff.

Legal Issues Addressed

Amendment of Complaint under Rule 15(a)

Application: The court denied Epstein's request to amend his complaint, finding no abuse of discretion as Epstein failed to present new facts or arguments.

Reasoning: Epstein argues that the district court erred by not allowing him to amend his complaint under Rule 15(a) of the Federal Rules of Civil Procedure, claiming that his Opposition to Bard's Motion to Dismiss should have been interpreted as a motion for amendment.

Breach of Contract under Rule 12(b)(6)

Application: The district court dismissed Epstein's breach of contract claims for failing to state a claim upon which relief could be granted.

Reasoning: Epstein's complaint was dismissed by the district court under Rule 12(b)(6) for failing to state a claim upon which relief could be granted.

Fraudulent Concealment under Rule 9(b)

Application: Epstein's claims of fraudulent concealment were dismissed for lacking specificity, as required by Rule 9(b).

Reasoning: The court notes that this doctrine requires an affirmative act of concealment with intent to deceive, which Epstein claims Bard engaged in by concealing facts and making false promises about investigating his concerns.

Statute of Limitations and Inquiry Notice

Application: The court determined that Epstein's cause of action accrued on October 10, 1999, due to his inquiry notice, thus barring his claims as time-barred.

Reasoning: The district court concluded that Epstein was on 'inquiry notice' of BUD's improper use of his technology based on the contents of his October 10, 1999 letter, which indicated his awareness that BUD continued to sell the TigertailTM product without his supply.