House of Flavors, Inc. v. TFG-Michigan, L.P.

DECISION AND ORDER ON REMAND

D. BROCK HORNBY, District Judge.

I first resolved this equipment-lease-financing dispute following a bench trial. Now, after appeal, it is back before me on a limited remand from the Court of Appeals for the First Circuit. I ordered additional briefing and presided at oral argument on January 13, 2012.

As a result of the bench trial, I found that the lessor, TFG-Michigan (“Tetra”), had committed fraud in negotiating the deal. I fashioned a remedy that resembled rescission in some respects, and I ordered Tetra to convey the equipment’s title to the lessee, House of…