Instant InfoSystems v. Open Text CA2/5
Instant InfoSystems, Inc. (Instant Info) contracted with Open Text, Inc. (OpenText) to sell and provide technical support for OpenText’s software. OpenText later terminated the contract, which prompted Instant Info to sue and OpenText to counter-sue. A jury found for Instant Info on a cause of action for money had and received. But the jury also found for OpenText on a claim for breach of contract (relating to unpaid invoices) and on one of two causes of action seeking redress for Instant Info’s unauthorized access of OpenText’s databases. That unauthorized access verdict, however, was later overturned by the trial court on a motion for judgment notwithstanding the verdict. OpenText asks us to decide whether Instant Info’s common count for money had and received fails as a matter of law, whether substantial evidence supports the jury’s verdict on two claims, and whether a jury instruction and evidentiary rulings concerning the unclean hands doctrine warrant reversal. Instant
Comments on Instant InfoSystems v. Open Text CA2/5