Thứ Sáu, 4 tháng 11, 2011

11th Circuit Not Sure Why SJ Granted.



I can't really tell, but that's the gist of the Court's opinion regarding MD FL Magistrate Judge Klindt's grant of summary judgment in a broker procurement case:
The evidence presented in this case creates a triable issue of fact as to whether the investment opportunity FourWinds pursued with Nemus was materially different from that presented to it by BKR. Such a question of fact cannot be decided as a matter of law. It is for a jury to decide.

There is not a single case cited by the district court to support its conclusion that the facts of this case are controlled by law. Nor do the parties cite any cases holding that this case may be decided as a matter of law. There is a reason for this. There are no such cases.
Translation:  WTF were you thinking???

Have a great weekend folks!


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