Plaintiff focuses more on the absence of pleaded facts in the affirmative defenses rather than a ruling on the merits, however. 2010), cited by Plaintiff, this case does not require the identification of any nonparties to which comparative negligence applies, nor does this case involve the duty to warn. With respect to whether summary judgment should be granted as to any of the affirmative defenses, the Court finds first, that the bare-boned allegations are sufficient to place Plaintiff on notice of the grounds on which Defendants will assert the affirmative defenses. Plaintiff claims its damages are measured using the increased sales margin available to a manufacturer such as Amtec for selling directly to a retailer without having to sell first to a distributor, since Amtec owns an interest in European and therefore European is not technically a distributor for purposes of the beer distribution system. Plaintiff alleges first, that Amtec's appointment of European as a distributor terminated Micro Man's prior distribution rights without notice or just cause in contravention of section 563.022(6)-(9), Florida Statutes, and second, that Amtec's interest in the license, assets, and business of European violates the three-tiered beer distribution system prohibited by section 563.022(14)(a)(3). Plaintiff seeks summary judgment on Defendants' affirmative defenses to the Second Amended Complaint and on Defendant Amtec's counterclaims. The facts must be viewed, and all reasonable inferences drawn, in the light most favorable to the non-moving party. Summary judgment is proper only when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. After careful consideration of the submissions of the parties and the entire record, the Court concludes that both motions should be denied.
62 & 63), and Defendants' Memorandum in Opposition. 74), the Plaintiff's Motion for Partial Summary Judgment and Statement of Undisputed Facts (Dkts. 60 & 61), Plaintiff's Memorandum in Opposition (Dkt. Within molecular biology and forensic sciences, any trace of a previous sample can lead to erroneous results and the disposable CP tips provide absolute protection against cross-contamination.Before the Court is the Defendants' Motion for Summary Judgment, Statement of Undisputed Facts, and various attachments (Dkts. Since the disposable piston makes direct contact with the sample, the user and the pipette are protected. The positive-displacement technology of the MICROMAN E is ideal when dealing with infectious solutions and radiolabeled components. The volume-locking switch allows for easy volume adjustment and minimizes the risk of accidentally changing the volume during pipetting tasks. The Red Dot Award winning design of the MICROMAN E features an improved handle shape that rests comfortably in your hand, with a large push button for easy aspiration and dispensing. Designed with Comfort and Performance in Mind Cold liquids-delivered in excess amounts.Volatile solutions-leakages are created from differences between solvent vapor pressure and the air pressure within the pipette.Viscous solutions-difficult to aspirate and stick to pipette tips.The capillary piston (CP) tips eliminate the air cushion between the sample and piston so volume accuracy is not affected by the sample’s properties.Tackle these issues with MICROMAN E: MICROMAN E relies on positive-displacement technology to improve the precision of transferring viscous and volatile liquids. Reliable Dispensing Even with Viscous and Volatile Liquids MICROMAN E is available in six models covering a volume range of 1 to 1000 µL. The ergonomically designed MICROMAN® E positive displacement pipettes, along with disposable capillary piston (CP) tips, provide the highest precision when pipetting viscous, non-aqueous liquids such as oils, blood, glycerol, and more, while protecting the pipette from contamination.
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