Vaxiion Therapeutics, Inc. v. Foley & Lardner LLP

ORDER: (1) DENYING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION OF LIABILITY [Doc. No. 94]; (2) GRANTING DEFENDANT’S MOTION TO STRIKE EVIDENCE CITED IN SUPPORT OF PLAINTIFF’S MOTION [Doc. No. 131]; (3) DENYING AS MOOT DEFENDANT’S MOTION TO STRIKE EVIDENCE OF SETTLEMENT MEETING CITED IN SUPPORT OF PLAINTIFF’S REPLY [Doc. No. 146]

Plaintiff Vaxiion Therapeutics (“Vaxiion”) moves the Court for summary adjudication of liability on its Negligence and Breach of Fiduciary Duty Claims. Defendant Foley & Lardner (“Foley”) has filed an opposition. Defendant has also filed a motion to strike evidence cited in support of plaintiffs motion for summary adjudication and a motion to strike evidence of a settlement meeting cited in support of plaintiffs reply in support of motion for summary adjudication.

The Court heard oral argument on the motions on November 10, 2008. After considering all the arguments of the parties, for the reasons explained herein, the Court DENIES plaintiffs motion for summary adjudication and GRANTS defendant’s motion to strike evidence cited in support of plaintiffs motion. The Court also DENIES AS MOOT defendant’s motion to strike evidence of settlement meeting, and…