A Colorado state judge has dismissed Morning Gun Exploration LLC’s allegations that Anschutz Exploration Corp. abused the judicial process by suing for sharing confidential well production data. Denver District Court Judge Sarah B. Wallace ruled Wednesday that there was insufficient evidence to support claims that Anschutz filed its trade secrets lawsuit with an ulterior motive, granting Anschutz’s motion for partial summary judgment.
Judge Wallace stated that Morning Gun’s argument that Anschutz’s claims were filed with an improper purpose was unsupported by any evidence, noting that the only evidence offered was counsel’s argument. She also emphasized that Morning Gun had failed to demonstrate that Anschutz improperly used the litigation process.
“While Morning Gun may believe Anschutz’s case is weak, it was strong enough to survive summary judgment,” Judge Wallace wrote. “The lack of any evidence showing an ulterior motive and the absence of improper use of litigation means Morning Gun’s abuse of process claim cannot succeed.”
