5th Circ. Nixes $13M Verdict In Tech Contract Dispute

Law360, New York (July 12, 2011, 5:59 PM EDT) -- The Fifth Circuit on Monday reversed a $12.5 million jury verdict in a contract dispute between technology companies Kevin M. Ehringer Enterprises Inc. and McData Services Corp., ruling the contract's "best efforts" provision was too vague to be enforceable.

The court overturned the jury award for Ehringer, which does business as Data Center Systems, and granted McData Services Corp.'s request for summary judgment because Ehringer had "failed to present sufficient evidence that McData had no intention to perform under the 'best efforts' provision of the contract."...
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