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· 9/13/1999

Sms Systems Maintenance Services, Inc. v. Digital Equipment Corporation

Citations

  • 188 F.3d 11
  • 1999 WL 618046

How courts have described this case

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

  • requiring that the cumulation of an expert’s data be “consistent with standards of [his] profession”
  • noting that conclusory, self-serving testimony need not be credited on summary judgment
  • explaining that courts need not credit at summary judgment conclusory, self-serving 31 Spencer does not state in his affidavit that any of these people who supposedly lack this license were also operating heavy machinery. speculation in affidavits
  • rejecting anecdotal testimony of two customers that migrating to alternative platform would be costly; “[a] lock-in phenomenon must be shown, not assumed”
  • finding several inconsistent statements properly considered to 2 discount subjective testimony
  • “[T]he transparency of [defendant’s] allegedly monopolistic policy represents a salient departure from the Kodak scenario.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Campbell, Selya

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.