· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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