Portugues-Santana v. Rekomdiv Int'l, Inc., , No. 10-2018 (1st Cir. 2011)
Annotate this CasePlaintiff wished to open a franchise in Puerto Rico and sought assistance from defendants, who asserted that it was a "done deal" and accepted a $400,000 retainer, a $100,000 business brokers' fee, and another $125,000 before informing plaintiff that the company at issue does not offer franchises. The district court awarded plaintiff $625,000. The First Circuit affirmed and remanded, rejecting a challenge to jury instructions on "dolo" (fraud) as involving harmless error. The evidence supported the verdict; the district court properly excluded evidence of a settlement agreement, but should have used that settlement to offset the verdict.
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