to be sure it can be said that smart win has 2 strikes against them based on judge oings ruling.their back is surely up against the wall.it wont take much for empire energy to prove the harm and damage smart win caused as judge oing has encouraged eegc to do so.the dec. 4 hearing will be for sure interesting as to what kind of trial will be approved.imo
'Justice Oing explicitly ruled that summary judgment could not be granted to Smart Win on all four of the causes of action it had asserted in the complaint Smart Win filed in 2010.
Justice Oing also determined that Empire's counterclaim for breach of contract against Smart Win stemming from Smart Win's suspension of advances could proceed to trial. In responding to a suggestion by Smart Win's counsel that any damages caused to Empire by Smart Win's suspension of advances was "too speculative," Justice Oing disagreed with that position, specifically reading into the record the testimony of John Garrison, a director of Empire, that, as Mr. Garrison testified, the conduct of Smart Win "stopped the process of drilling this well. It stopped the process before we [Empire] were able to reach a point in the well of proving that it was a productive well. There were hydrocarbons there to recover. [Smart Win] restricted us from raising other funds. It created significant uncertainty around this by having the issue that was detrimental in dealing with other parties.'
