Question

Portugues-Santana V. Rekomdiv int'l (242) Case Breif

Answer 1

Circuit sits before Boudin, Selya, and Dyk. For the appellants, Joseph H. Reinhardt. Ralph Vallone, Jr., is calling. In a district court decision, Rekomdiv International, Inc. and Richard Domingo appealed. Portugal–Santana v. Int'l Rekomdiv, Inc., No. 07–1103. The district court paid $625,000 in damages to the defendant based on a jury verdict that found the accused to be responsible for dolo

Victor Omar Portugues–Santana wanted to open a Victoria's Secret franchise in Puerto Rico and requested assistance by defendant Domingo, who was employed by defendant Rekomdiv, in establishing a relationship with Victoria's Secret. In addition, Domingo suggested that Portuguese people meet with former Venable partner Senator Birch Bayh, LLP, to assist Portuguese in forming a business relationship with Victoria's Secret. Domingo explained to Portuguese that Bayh had succeeded in securing a Victoria Secret franchise for the Philippines, Trial Transcript at 43, Portugues–Santana v. Rekomdiv Int'l, Inc., No.07–103

Portuguese also testified that when he entered into contract agreements with Venable and Rekomdiv, he relied on Domingo's representations. Portugal paid Venable a $400,000 retainer fee and Rekomdiv a $100,000 company broker fee. Portuguese made another $125,000 charge to Rekomdiv in addition to the $100,000 company broker fee. Venable sent an e-mail to Portuguese after signing the retainer agreement to tell him that a Victoria's Secret franchise was not possible because Victoria's Secret did not use a franchise or distributor template, but instead told Portuguese that Venable would consider other ways to present Victoria's Secret as a worthy business partner

Venable's comments to Portuguese are not incompatible with the assumption that some other form of business relationship between Portuguese and Victoria's Secret would be formed, even if a franchise was not open. In fact, Portuguese testified that the defendants tried to tell him during this time that it was a "done deal" to acquire the Victoria's Secret franchise.The question of whether Portuguese people are fairly relying on the defendants ' statements depends on the weight to be assigned to the witness ' testimony's proof and credibility. See Borges Colon, 438 F.3d at 14, when the facts and testimony are presented in the most favorable light of the decision, the evidence clearly supports a verdict favorable to Portuguese.