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 :

Shout box

You're not permitted to post shouts.
ZippyDSMleeI need one of my 70 games to play....mmmmmmmm05/24/2015 - 9:57am
MattsworknameSpent all night playing blood borne, now trapped in the Nightmare frontier and trying to reach the boss so I can maybe warp out again05/24/2015 - 9:21am
MattsworknameYeah, i got started and then made it through t the first few misions anthen blood borne05/23/2015 - 10:13pm
Goth_SkunkWhich one, Dragon Age?05/23/2015 - 8:20pm
Wonderkarpalso waiting patiently for Batman.05/23/2015 - 7:36pm
MattsworknameIn still trying ot beat that game the first time. Freaking game has so much side questing05/23/2015 - 7:34pm
Goth_SkunkPlaying a third and probably final playthrough of Dragon Age: Inquisition. Once that's done, I'll move on to AC: Unity, most likely, then get caught up on A-list games I have yet to play, like Murdered: Soul Suspect and Shadows of Mordor.05/23/2015 - 6:33pm
MattsworknameIf you own a vita and like monster hunter, but dont like the bs filler that goes with it. Try tokiden kiwmai05/23/2015 - 6:11pm
Matthew Wilsonaparently their servers got crushed, but I dont see the game selling well. Nintendo fans tend not to be fans of competitive fps05/23/2015 - 5:48pm
MattsworknameSPlatton looks intersting, Love the are style, gonna give the game a try with the upcoming test fire05/23/2015 - 4:39pm
PHX Corp@Technogeek, I'm returning for one more Run with the Global testfire05/23/2015 - 3:41pm
WonderkarpI'm bouncing all over the place but right now I'd say I'm playing Super Mario 64 trying to max out the stars. 2 worlds and 2 secret stars to go05/23/2015 - 1:12pm
TechnogeekReminder: Splatoon Global Testfire returns this afternoon/evening.05/23/2015 - 12:45pm
Andrew EisenA bit busy with my 30 Days of Netflix project but I did play through the first world of New Super Mario Bros. 2 at a sushi restaurant last night.05/23/2015 - 10:59am
MattsworknameSo, whats everyone playing? Im still knee deep in bloodborne, but finaly beat Rom the spider05/23/2015 - 7:20am
Andrew EisenWe're planning on doing the podcast Saturday evening, as usual.05/23/2015 - 12:32am
Matthew Wilsonmy bad was doing it from my phone.05/22/2015 - 11:34pm
Goth_SkunkMatthew, that's a PDF. Looks like a lobbying report. What's that got to do with The Witcher 3? EDIT: Thanks Mecha.05/22/2015 - 11:33pm
MechaCrashI think this is the link you meant to post: http://www.gamespot.com/videos/the-point-the-witcher-3-a-new-benchmark-in-player-/2300-6424964/05/22/2015 - 11:31pm
Matthew WilsonThe Point - The Witcher 3: A New Benchmark in Player Choice http://www.gamespot.com/videos/the-point-the-witcher-3-a-new-benchmark-in-player-/2300-6424964/ fixed05/22/2015 - 10:37pm
 

Be Heard - Contact Your Politician