Fagan Holdings, Inc. v. Thinkware, Inc.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court is the motion for summary judgment of Defendant Thinkware, Inc. (Doc. No. 17). For the following reasons, Defendant’s Motion must be granted in part and denied in part.

I. FACTUAL BACKGROUND

Plaintiff Fagan Holdings, Inc.’s (“Fagan”) purchase of a license to use Defendant Thinkware Inc.’s software and its subsequent software implementation are the basis for this suit for breach of contract, fraudulent misrepresentation, and negligent misrepresentation. 1

Fagan is a holding company that owns and operates several staff…