"Novell has filed two motions today, one for a judgment on SCO's
slander of title claim -- the promised Rule 50(a) motion -- and one
to strike testimony inconsistent with the unambiguous contract
"Novell points out that the only evidence SCO presented
regarding malice is testimony by Maureen O'Gara of a conversation
with Chris Stone, and no one corroborates her story, first of all,
and second, O'Gara admitted she can't recall exactly what was said
in the conversation with Chris Stone. She merely surmised things.
And that's not clear and convincing evidence. No reasonable jury
could find personal malice in the picture, so Novell says as a
matter of law, judgment should be granted as a matter of law on
SCO's claim for punitive damages.
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