Thomas Wilson

The proposed defendant brought a motion to remove the plaintiff's counsel and his law firm from acting on a pending motion for a Certificate of Pending Litigation, arguing that the counsel had sworn an affidavit and thus became a witness.

The Master dismissed the motion, finding that the counsel was not a necessary witness at trial and that the firm could simply substitute an affidavit from another member of the firm.

The court emphasized proportionality and noted that removing a firm merely because a lawyer swore a procedural affidavit on a motion is unnecessary.

The Burnbrae defendants brought a motion for summary judgment to dismiss the plaintiffs' claims against them.

The plaintiffs, who were competitors in the egg industry, alleged that Burnbrae conspired with others to drive them out of business by supplying deficient eggs, misusing confidential information, and interfering with contractual relations.

Applying the new summary judgment framework from Hryniak v. Mauldin, the court found no evidence to support the plaintiffs' sweeping allegations against Burnbrae.

The court concluded that Burnbrae's actions were legitimate competitive behavior and dismissed the action against the Burnbrae defendants.