Simplex, Inc. v. Diversified Energy Systems, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• requiring plaintiff to acknowledge and compare all of the defendant’s contracts in order to establish routine practice
• “[ojffering party must establish the degree of specificity and frequency of response that ensures more than a mere ‘tendency’ ... ”
• affirming the trial court’s decision not to permit witnesses to provide expert testimony because they had not been identified as experts in compliance with the pretrial order
• noting the \the Rule 406 inquiry also necessitates some comparison of the number of instances in which any such conduct occurs with the number in which no such conduct took place\
• \[T]he Rule 406 inquiry ... necessitates some comparison of the number of instances in which any such conduct occurs with the number in which no such conduct took place.\ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).