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Back To Basics: Stick To Genuine Issues Of Material Fact

Saturday, April 04, 2009 05:21 pm

Back To Basics: Stick To Genuine Issues Of Material Fact Delay DamagesReasonableness Southern Electric Corporation v. Utilities Board of the City of Foley, Alabama, d/b/a Riviera Utilities, et. al. United States District Court for the Southern District of Alabama 2009 U.S Dist.LEXIS 8704(February 5, 2009)

As tempting as it may be to try to prove your cases during he summaryjudgment stage, resist the urge and focus on issues of law, not fact.When you argue with your opponent's factual allegations during this early phase of litigation, you only highlight the existence of genuine issues of material fact that the court must consider.

The Utilities Board of the City of Foley, Alabama d/b/a Riviera Utilities (Riviera)hired Southern Electric Corporation (SEC)to provide labor and equipment for the installation of power lines.Riviera then hired Custom Engineering Solutions (CES)to designate where SEC should install the utility poles to which the power lines would be attached.

SEC alleged that the locations selected by CES conflicted with a gas line and a fiber optic cable.SEC had to wait for CES to conduct [...]

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