Barefoot Architect, Inc. v. Bunge

OPINION

(January 14, 2011)

SMITH, Circuit Judge

Before the Court are a set of cross-appeals from three separate orders issued by the District Court of the United States Virgin Islands. Pursuant to Rule 12(b)(6), the District Court dismissed three of the five counts of the defendants’ counterclaim; the defendants appeal in part. After discovery, the District Court granted summary judgment to the defendants as to the plaintiffs two federal claims; the plaintiff appeals in part. The summary judgment order also dismissed without prejudice the plaintiffs remaining territorial-law claim pursuant to 28…