Clickwrap: Motion for Summary Judgment re: Independent Distributorship Agreement

Motions for summary judgment are often used to isolate and dispose of claims that are factually unsupported.  A classic example is where, as here, a contract between the parties is alleged to preclude or limit certain claims or elements of damages.  Such a case was presented in this recent opinion by Judge Mazzant in Sherman in which

Emergency Motion for Summary Judgment on Collateral Estoppel Effect of Prior Noninfringement Verdict Denied

It was just three days ago that I posted on the emergency motion filed by the remaining defendants after last Friday’s noninfringement verdict in Tyler arguing that the verdict against the first defendant collaterally estopped the plaintiff from proceeding against the remaining defendants.  This afternoon Judge Gilstrap denied the motion, and trial will presumably proceed as scheduled on Tuesday.  The attached order makes for a bracing start to the weekend, as I discuss below.

Pretrial Rulings: Limines, Experts & Summary Judgment

They aren’t quite as near and dear to my heart as JMOL rulings, but pretrial rulings are a close second.  The parties the ground rules for the conduct of the trial, including limine rulings, orders resolving the inevitable disputes over admissibility of expert testimony, and rulings on any summary judgment motions that remain outstanding. The seven rulings from this case, which is set for trial in only a few weeks, are a pretty good example of the genre.  Below are copies of the rulings with analysis.

Summary Judgment Granted As To 13 Defendants Based on Mini-Markman Ruling

Yesterday I posted on a case where the defendants persuaded the court to conduct an expedited mini-Markman on three terms.  That reminded me that several weeks back I posted briefly about Judge Gilstrap’s ruling in another case where he sua sponte set a mini-Markman on two terms and after construing them granted summary judgment as to thirteen defendants.  I wanted to go back and analyze that order (attached) in more detail.

Motion to Switch Curtain #1 for Curtain #2 Denied

  Remember Let’s Make a Deal with Monty Hall?  The game show where contestants had to chose their prize by picking a curtain?  Remember how badly the contestants wanted to change their mind after there was a goat behind the curtain they chose – and a new car behind the one they didn’t? Well, a somewhat similar situation was presented in Script Security Solutions v ., 2:15cv1030, in which