Sanctioned PopCap Games Attorney Wins Appeal

August 31, 2011 -

A Texas appeals court has reversed sanctions against an attorney who was accused and found guilty of accusing opposing counsel of suborning perjury in a lower court ruling. The case is of particular interest only because it involves attorneys for MumboJumbo and PopCap Games International. Attorney Oscar Rey Rodriguez, a partner with the Dallas office of Fulbright & Jaworski, represented PopCap Games International in a contract dispute with MumboJumbo.

Several weeks after the jury trial concluded, MumboJumbo filed a motion for sanctions against PopCap and its attorneys alleging that PopCap had made "baseless allegations" against MumboJumbo in written motions and in open court during the trial. MumboJumbo said in its filing that it was wrongfully accused of concealing evidence and suborning perjury, and that these false accusations were sanctionable. A lower court judge agreed granting part of the motion and sanctioning Rodriguez.

"This accusation was without factual basis and was made in bad faith," said the trial court judge. He ordered Rodriguez to place an advertisement in a legal periodical apologizing for his conduct in the case. Instead he appealed the decision to a higher court.

A panel of three appeals court judges reversed the decision, finding error in the lower court's reasoning.

"There is no evidence to support the trial court's finding that Rodriguez accused counsel for MumboJumbo in open court of knowingly suborning perjury," Judge Joseph Morris wrote for the Fifth District Court of Appeals.

"Rodriguez contends there is no evidence to support the trial court's finding that he accused counsel for MumboJumbo in open court of knowingly suborning perjury," Morris wrote. "We note that MumboJumbo's motion for sanctions did not allege that Rodriguez had accused MumboJumbo's counsel in open court of suborning perjury. The motion for sanctions alleged only that PopCap's counsel had made such an accusation in a written motion. Accordingly, the alleged conduct made the basis of the trial court's sanction order was not the subject of MumboJumbo's motion for sanctions."

At the end of the day the appeals court felt that the trial court's findings were false and a misinterpretation of the law..

Source: Court House News

Posted in

 
Forgot your password?
Username :
Password :

Poll

Will limiting Steam services to accounts that have spent at least $5 eliminate spammers?:

Shout box

You're not permitted to post shouts.
MattsworknameOff topic, but, who heres playing Bloodborne, and if so, is it mercillesly murdering you every chance it gets?04/25/2015 - 7:35am
Matthew WilsonI think its a good article, and devs can take some lessons from life is strange.04/24/2015 - 10:24pm
Andrew EisenI tinyURL'd it. The world is safe!04/24/2015 - 10:23pm
Matthew Wilson@AE my bad there is nothing I can do about that.04/24/2015 - 10:21pm
Andrew EisenLooks like the spoiler is right there in the URL.04/24/2015 - 10:20pm
Matthew Wilsonhttp://tinyurl.com/ok9pf6b a interesting opinion piece on the life is strange episode 2, and a dark event that happens in it. full warning major spoilers.04/24/2015 - 10:11pm
Matthew Wilson@mech no just she, nor her co workers have not. she never said it is not real.04/24/2015 - 8:58pm
MechaCrashWas she saying "I haven't experienced it," or "I haven't experienced it therefore it does not exist"?04/24/2015 - 8:31pm
ZippyDSMleeoy the skyrim paid mod thing is going over well. My 2 lints, I would not mind if Skyrim had a full SDK and not a crappy lil editor....04/24/2015 - 6:46pm
Andrew EisenWell, that is indeed crappy and nonsensical.04/24/2015 - 3:45pm
Matthew Wilsonshe got attacked for saying that she personaly has not experienced the harassment some other female devs have, and she got acused of defending GG and ignoring harassment. she ended up getting dog piled because of it.04/24/2015 - 3:43pm
Andrew EisenFine but do you recall ANY details at all?04/24/2015 - 3:38pm
Matthew Wilsonit was several weeks ago now, and I will admit to not saving it.04/24/2015 - 3:36pm
Andrew EisenAttacked HOW and by WHOM for not writing off WHO as evil? Do you have a link or anything?04/24/2015 - 3:31pm
Matthew Wilsonthat is the whole point she was not attacked for saying anything. she was attacked for being willing to debate in the first place, and not just write them off as evil.04/24/2015 - 3:28pm
Andrew EisenI know there's not a lot of room in the Shout box but goodness you're being vague.04/24/2015 - 3:26pm
Andrew EisenGreat, but that STILL doesn't tell me what she said, why she was attacked (or what the attack was) or what "standard line" she's following. Details, man. Details!04/24/2015 - 3:25pm
Andrew EisenOr what the heck Nina White (someone else I've never heard of) is actually referring to.04/24/2015 - 3:24pm
Matthew Wilson@AE she is a game dev. she used to do stuff with hormanix and now works with https://outact.net/#!/?page_id=2 she will often engage and debate both side.04/24/2015 - 3:23pm
Andrew Eisen...following.04/24/2015 - 3:23pm
 

Be Heard - Contact Your Politician