Federal Judiciary

Summary Judgment Granted in part in pizza case

By Michael Smith

Great American Restaurant Co. v. Domino's Pizza LLC, 2008 WL 2277828(E.D.Tex. May 29, 2008) (NO. 4:07-CV-52)
Judge: Richard Schell
Holding: Defendant's Motion for Summary Judgment GRANTED in part.
Judge Schell adopted the findings and conclusions of Judge Bush in this opinion, which contained proposed findings of fact and recommendations for the disposition of the Defendants' Motion for Summary Judgment and the Plaintiff's Motion for Summary Judgment.  Accordingly, he ordered that the Defendants' Motion for Summary Judgment be granted in part. With the exception of the Plaintiff's claim for damage to business reputation pursuant to Tex. Bus. & Com.Code § 16.29, the Plaintiff's remaining claims were dismissed with prejudice. That claim was dismissed without prejudice to the refiling of the same in the appropriate state court. The Plaintiff's Motion for Summary Judgment was denied as moot.

Full post as published by Eastern District of Texas Federal Court Practice on June 09, 2008 (boomark / email).