Financial Security Assurance, Inc. v. CSC Logic/MSA, LLP

Full title: FINANCIAL SECURITY ASSURANCE, INC., Plaintiff, v. CSC LOGIC/MSA, LLP…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jul 29, 2004

Civil Action No. 3:02-CV-2414-M (N.D. Tex. Jul. 29, 2004)

Opinion

Civil Action No. 3:02-CV-2414-M.

July 29, 2004

ORDER

BARBARA LYNN, District Judge

On this date came before the Court Defendant's Motion for Partial Summary Judgment and Motion to Exclude Expert Evidence. Having considered the Motion, Response, Reply, appendices, and those portions of Defendant's supplemental appendix that the Court, at a hearing held on July 19, 2004, agreed to consider, the Court rules as follows:

(1) The Court GRANTS the Motion for Partial Summary Judgment as to Plaintiff's claim for attorneys fees, since the Illinois choice of law provision in the contract at issue is enforceable and does not provide a basis for Plaintiff to recover attorneys fees.

(2) As to the Daubert/Rule 702 challenges to Plaintiff's experts, Calahan and Baker, the Court DENIES the Defendant's Motion to Exclude, without prejudice to it being reasserted during trial.

(3) Except for the attorneys fees issue, the Defendant's Motion for Partial Summary Judgment is predicated on exclusion of the Plaintiff's experts, and thus the Court DENIES the balance of Defendant's Motion for Partial Summary Judgment.

SO ORDERED.