Comcast Move for Counterclaim Summary Judgment Opposed
Comcast's evidence in its motion for summary judgment on its counterclaims against Clear Connection shows Comcast didn't meet its obligations to Clear, Clear said in an opposition (in Pacer) to Comcast's motion for summary judgment on the counterclaim filed Thursday…
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in U.S District Court in Sacramento. It also said Comcast isn't entitled to defense costs since Clear had offered a joint defense of the two in a wage and hours lawsuit brought against them by a former Clear employee. The counterclaim is part of an antitrust complaint Clear brought against Comcast for the operator's decision to drop Clear as one of its preferred cable installation service providers in parts of California. Clear said Comcast isn't entitled to summary judgment on its breach of contract, indemnity and declaratory relief counterclaims -- all of which try to hold Clear liable for the defense costs in the worker suit -- because Comcast hasn't shown its own full performance of the contract, such as paying Clear everything it was owed, and that its attorney fees are reasonable. Comcast didn't comment Friday.