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Assocs., 235 Cal.App.3d 1220, 1 Cal.Rptr.2d 301, 311 (1991). Conversely, the Ninth Circuit has held that a party's "original functionality in accordance with its guarantees negates any feasible inference of fraud." Kaylor v. Crown Zellerbach, Inc., 643 F.2d 1362, 1368 (9th Cir.1981). See Kruse v. Bank of Am., 202 Cal.App.3d 38, 60-61, Young naked videos 248 Cal.Rptr. Tenzer v. Superscope, Inc., 39 Cal.3d 18, 216 Cal.Rptr. Anderson v. Liberty Lobby, Inc., 477 U.S. Anderson, 477 U.S. at 249-50, 106 S.Ct. Celotex, 477 U.S. at 323, 106 S.Ct. Kress & Co., 398 U.S. Anderson, 477 U.S. at 248, 106 S.Ct. A principal function of summary judgment is "to isolate and dispose of factually unsupported claims." Celotex, 477 U.S. In its Motion for Summary Judgment Re: Preclusive Effect of February 21, 1999 Confidentiality and Standstill Agreement (Doc. After Southern Union built its merger present on February 1, 1999, and prior to it signed the Standstill Agreement on February 21, 1999, Edward Zub10 of Southwest allegedly misrepresented Southern Union's debt-to-fairness ratio to ACC Commissioner Carl Kunasek and his assistant, Jerry Porter, throughout a conference held February 10, 1999. (7/13/00 Zub Depo. There are real challenges of content actuality relating to regardless of whether Southwest supposed to execute a excellent religion analysis of Southern Union's provide at the time the Standstill Agreement was executed

There is no situation for trial unless there is adequate proof favoring the non-transferring get together. The moving bash need to have not disprove issues on which the opponent has the stress of evidence at demo. Then, Glossier understood that people favored putting up images of their deliveries on the platform, and the firm saw a habits that it desired to really encourage more of. Southwest, via its counsel O'Melveny and Myers, retained Sitrick and Company ("Sitrick"), a community relations company, that utilized a "wheel of agony" method. It outlined a "wheel of ache" approach for convincing Southwest's shareholders to acknowledge ONEOK's give, and its mentioned purpose was to persuade Southwest shareholders that Southern Union could not finance the proposed merger on conditions satisfactory to regulators. Count Three of Southern Union's Second Amended Complaint in the First Arizona Action is a fraudulent inducement declare in opposition to Southwest and Maffie that the Court has identified shall be treated as a counterclaim in the Nevada Action and ruled by California law. 1034), Southwest argues that Southern Union can't prevail on its fraudulent inducement assert due to the fact: (1) Southern Union was not induced by Maffie's statements to signal the Standstill Agreement (2) Southern Union could not have relied on Maffie's statements due to the fact the Standstill Agreement supplies that any oral representations will have no influence (3) there is no evidence that, at the time the events entered into the Standstill Agreement, Southwest did not intend to execute a excellent religion evaluation of Southern Union's provide and (4) Southern Union can't verify fraud by very clear and convincing proof, as needed to get better punitive damages underneath California law.8 Similarly, Maffie argues in his Motion for Summary Judgment (Doc

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