Fiberwave v. AT&T Enterprises

Excerpt

Granting traditional and non-evidence summary judgment against Plaintiff's defamation claim because the complained-of statements are not objectively verifiable and therefore, as a matter of law, are not defamatory. Denying reconsideration of an order remanding the case back to district court on the grounds that the removal to business court was untimely. Denying permission to take a permissive interlocutory appeal of that order. This opinion addresses (i) whether the Property (Trust) Code bars a trustee from enforcing a punitive damages waiver; (ii) if not, whether the waiver in one bond financing contract applies to claims based on a related contract in the same financing; and (iii) whether a trustee owes continuing fiduciary duties to its beneficiaries once the trustee resigns and is replaced by a substitute trustee. The court concludes that (i) the punitive damages waiver is enforceable here because the Trust Code does not reflect a legislative intent to bar such waivers; (ii) the subject waiver applies to both contracts because they are integral parts of the same financing arrangement; and (iii) a terminated and replaced trustee must protect a former beneficiary's confidential information that the trustee obtained during the trust relationship. Granting Defendant's motion to strike untimely filed summary-judgment evidence. Granting in part and denying in part Defendant's Traditional and No-Evidence Motion for Summary Judgment. One plaintiff is not entitled to damages as a matter of law, is not entitled to lost revenue or production as a matter of law, has produced evidence of redesign costs and additional expenses incurred as a result of Defendant's breach, and the record contains evidence of that plaintiff's expectancy damages. While Plaintiffs do not allege a specific theory/category of reliance damages in their petition, the Court nonetheless addresses Defendant's argument and holds that the plaintiff has not produced evidence of reliance damages. This opinio