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Novell Files Motion for Judgment and Motion to Strike - Denied - Updated as text

By Pamela Jones et al.

Novell has filed two motions today, one for a judgment on SCO's slander of title claim -- the promised Rule 50(a) motion -- and one to strike testimony inconsistent with the unambiguous contract language.

Novell points out that the only evidence SCO presented regarding malice is testimony by Maureen O'Gara of a conversation with Chris Stone, and no one corroborates her story, first of all, and second, O'Gara admitted she can't recall exactly what was said in the conversation with Chris Stone. She merely surmised things. And that's not clear and convincing evidence. No reasonable jury could find personal malice in the picture, so Novell says as a matter of law, judgment should be granted as a matter of law on SCO's claim for punitive damages.

Full post as published by Groklaw on March 25, 2010 (boomark / email).