GENEREUX v. RAYTHEON CO.

No. 13-1921.

754 F.3d 51 (2014)

Barry GENEREUX et al., Plaintiffs, Appellants, v. RAYTHEON COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 10, 2014.


Attorney(s) appearing for the Case

Ruben Honik , with whom Kevin W. Fay , Golomb & Honik, P.C., Michael B. Bogdanow , and Meehan, Boyle, Black & Fitzgerald, P.C. were on brief, for appellants.

Jonathan M. Albano , with whom Janice W. Howe , Bingham McCutchen LLP, James F. Kavanaugh, Jr. , Ronald M. Jacobs , and Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP were on brief, for appellee.

John Pagliaro and Martin J. Newhouse on brief for New England Legal Foundation and Associated Industries of Massachusetts, amici curiae.

Before TORRUELLA and SELYA, Circuit Judges, and McAULIFFE, District Judge.


SELYA, Circuit Judge.

A familiar bit of homespun philosophy warns of the perils of attempting to change horses in midstream. This admonition applies in litigation as well as in life. Thus, when a litigant commits to a theory of the case and sticks to that theory past the point of no return, he cannot thereafter switch to a different theory simply because it seems more attractive at the time. That is among the lessons of this appeal.

I. BACKGROUND

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