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Free Download-California Antitrust & Unfair Competition Law-Summary Judgment in Antitrust and Unfair Competition Law

By: Robert B. Pringle and Paul R. Griffin Although the trend has changed over the last several decades, federal courts have traditionally been reluctant to grant summary judgment in antitrust cases. In Poller v. Columbia Broadcasting System, Incorporated , ('' Poller ''), the United...

Summary Judgment Granted in Breach of Contract Action

A U.S. district judge in Virginia has ruled that a restaurant chain operator is liable for breach of contract and is obligated to pay a franchise consulting company for sales and marketing services that the consultant performed for the chain under the contract between the two companies. Rejecting...

Overly Persistent Plaintiff Socked With Attorneys' Fees By Business Court

Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on Tuesday in McKinnon v. CV Industries, Inc. McKinnon was...

No Tortious Interference with Contract Ruling Affirmed by Supreme Court

WaveDivision Holdings LLC v. Highland Capital Management, L.P., et al. , No. 649,2011 (Del. Supr., July 19, 2012). Issue Presented : Whether the Superior Court properly granted summary judgment in favor of defendant note holders and senior lenders on the issue of whether defendants tortiously interfered...

Don't Rely on Your Expert's Speculation to Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker . He rejected the evidentiary value of an expert's report stating that Plaintiff's damages were $33 million, saying that it was insufficient...