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TMCNet:  Fish & Richardson Wins Dallas Appeals Court Ruling that Upholds Mark Cuban Court Victory in Perot Jr. Lawsuit

[August 22, 2014]

Fish & Richardson Wins Dallas Appeals Court Ruling that Upholds Mark Cuban Court Victory in Perot Jr. Lawsuit

DALLAS --(Business Wire)--

Mark Cuban is winning again even though his team doesn't officially begin the 2014-15 NBA season for another month. Yesterday, the 5th Court of Appeals in Dallas upheld a trial court's decision to dismiss a lawsuit filed against the billionaire owner of the Dallas Mavericks that alleged the team was being mismanaged.

Mr. Cuban was sued by interests controlled by former Mavericks owner Ross Perot Jr., who is now a minority owner of the team. The lawsuit originally was dismissed in 2011 by 192nd District Court Judge Craig Smith in Dallas, who denied Mr. Perot's request for a court-appointed receivership and threw out his remaining claims.

The dismissal followed a summary judgment motion filed by Mr. Cuban's legal team from Fish & Richardson led by Dallas managing principal Tom Melsheimer. The motion, which featured a photo of Mr. Cuban and his team hoisting the 2011 NBA Championship trophy, became a viral sensation that was featured in international news coverage and described in media accounts as "The Greatest Legal Brief in the History of Jurisprudence" and "The Greatest Legal Filing Ever." One legal journal recognized the brief by honoring Mr. Melsheimer with an exemplary legal writing award.


"We are extremely pleased that the appeals court agreed that this lawsuit should not proceed," says Mr. Melsheimer. "The Dallas Mavericks are one of the most successful franchises in the league, and Mark Cuban is a key part of that success. Mr. Perot's claims that this team was mismanaged are ludicrous."

Since Mr. Cuban took over the Mavericks in 2000, in addition to winning the NBA Championship, the team has been a consistent contender before sellout crowds. The Mavericks currently are ranked as one of the 10 most valuable franchises in the league by the publishers of Forbes magazine.

To interview Mr. Melsheimer about the appeals court win for Mr. Cuban and "the greatest legal brief," please contact Mike Androvett at 800-559-4534 or mike@androvett.com.


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