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Irwin Barkan and D&D Barkan LLC v. Dunkin' Donuts, Inc. and Baskin-Robbins Usa, Co

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Before Boudin, Selya and Stahl, Circuit Judges.

On February 8, 2005, Plaintiffs-Appellants Irwin J. Barkan and D&D Barkan LLC (collectively “Barkan”) filed suit against Defendants-Appellees Dunkin’ Donuts, Inc. and Baskin-Robbins USA, Co. (collectively “Dunkin’ Donuts”) in the United States District Court for the District of Rhode Island. Barkan alleged, among other claims,*fn1 that Dunkin’ Donuts breached a contract in which it had promised to work with Barkan and the CIT Group (“CIT”) to refinance Barkan’s debt to CIT. At trial, the district court excluded the testimony of Barkan’s expert and granted, pursuant to Federal Rule of Civil Procedure 50(a), judgment as a matter of law in favor of Dunkin’ Donuts. Barkan now appeals both decisions. Because Barkan failed to present sufficient evidence of causation, we affirm the district court’s judgment as a matter of law.

I. FACTS AND BACKGROUND

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