Kevin M. Ehringer Enter., Inc. v. McData Serv. Corp., No. 10-10197 (5th Cir. 2011)Annotate this Case
Defendant, a technology company that sold data centers, appealed the district court's judgment on a jury verdict in favor of plaintiff, a company that purchased defendant's fiber management systems and intelligent fiber systems, in plaintiff's suit for breach of contract and fraudulent inducement. At issue was whether the district court erred in denying its motion for judgment as a matter of law. The court held that because plaintiff failed to present sufficient evidence that defendant had no intent to perform under the "best efforts" provision of the contract and failed to present any evidence of damages on its other claim, the judgment of the district court was reversed and remanded to the district court to enter judgment in favor of defendant. Accordingly, the court did not reach the other issues raised by defendant on appeal.