First Circuit: Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP



FRCP, Statute of Limitations, Choice of Law, Fees, Legal Ethics


Motion for directed verdict arguing lack of fiduciary duty did not adequately preserve argument of qualified privilege related to statements to the government for post-trial motion for judgment notwithstanding the verdict.

Where the state law holds the statute of limitations to be three years for actions seeking damages and six years in an action seeking a remedy in equity, court did not abuse discretion in assigning a three year limit to an action seeking damages for a breach of fiduciary duty.

Doctrine of continuous representation equitably tolls the limit during the transactions at issue, not for the duration of the contractual relationship between the parties.

Reasonable minds could differ as to whether the negotiation for private airplane rental was damaged by the conduct.

Remand, as general verdict makes it impossible to discern theory of initial verdict.

Plaintiff's post-trial motion for fees under law of their state is precluded by the trial's choice of deft's substantive law.

Partner's lateraling to counsel's firm from prosecutor's office investigating parties to the case who was not timely screened does not require counsel to withdraw where the new partner had no actual knowledge of the investigation.

No abuse of discretion in unsealing post-trial testimony of jurors relating to process of verdict, as the public access interest outweighs the interest of confidential deliberations.



Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP