Optimum has raised a number of challenges to the district court's
disposition of its action against HCA, including the arguments that:
(1) the district court erred in granting partial summary judgment in
favor of HCA on Optimum's claims of trademark infringement and
unfair competition; (2) the court erred in granting summary judgment
in favor of HCA on Optimum's remaining claims of breach of
confidential relationship, breach of fiduciary duty, fraudulent
concealment, fraud, and negligent misrepresentation; and (3) the
court erred in granting HCA's motion for judgment as a matter of law
on Optimum's trademark and unfair competition claims, due to a
dearth of evidence establishing Optimum's damages. Having