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.
Cheater87Look what FINALLY came to Australia uncut! http://www.gamespot.com/articles/left-4-dead-2-gets-reclassified-in-australia/1100-6422038/09/02/2014 - 6:49am
Andrew EisenHence the "Uh, yeah. Obviously."09/02/2014 - 12:53am
SleakerI think Nintendo has proven over the last 2 years that it doesn't.09/02/2014 - 12:31am
Andrew EisenSleaker - Uh, yeah. Obviously.09/01/2014 - 8:20pm
Sleaker@AE - exclusives do not a console business make.09/01/2014 - 8:03pm
Papa MidnightI find it disappointing that, despite the presence of a snopes article and multiple articles countering it, people are still spreading a fake news story about a "SWATter" being sentenced to X (because the number seems to keep changing) years in prison.09/01/2014 - 5:08pm
Papa MidnightAnd resulting in PC gaming continuing to be held back by developer habits09/01/2014 - 5:07pm
Papa MidnightI find it disappointing that the current gen of consoles is representative of 2009-2010 in PC gaming, and will be the bar by which games are released over the next 8 years - resulting in more years of poor PC ports (if they're ever ported)09/01/2014 - 5:06pm
Andrew EisenMeanwhile, 6 of Wii U's top 12 are exclusive: Mario 3D World, Nintendo Land, Pikmin 3, Mario Kart 8, Wonderful 101, and ZombiU. (Wind Waker HD is on the list too but I didn't count it.)09/01/2014 - 4:36pm
Andrew EisenLikewise, only two of Xbox One's top 12 are exclusive: Dead Rising 3 and Ryse: Son of Rome (if you ignore a PC release later this year).09/01/2014 - 4:34pm
Andrew EisenNot to disrespect the current gen of consoles but I find it telling that of the "12 Best Games For The PS4" (per Kotaku), only two are exclusive to the system: Infamous: Second Son and Resogun.09/01/2014 - 4:30pm
MaskedPixelantehttp://www.joystiq.com/2014/09/01/beyond-two-souls-ps4-trophies-emerge-directors-cut-reported/ MMM MMM, nothing quire like reheated last gen games to make you appreciate the 400 bucks you spent on a new console.09/01/2014 - 4:24pm
Andrew EisenThat's actually a super depressing thought, that a bunch of retweeters are taking that pic as an illustration of the actual issue instead of an example of a complete misunderstanding of it.09/01/2014 - 4:20pm
Andrew EisenObviously, the picture was created by someone who doesn't understand what the issue actually is (or, possibly, someone trying to satire said misunderstanding).09/01/2014 - 4:10pm
Papa MidnightPeople fear and attack what they do not understand.09/01/2014 - 4:04pm
Papa MidnightWell, let's not forget. Someone held their hand in a peace sign a few weeks ago and people started claiming it was a gang sign. Or a police chief displayed the hand signal of their fraternity and was accused of the same.09/01/2014 - 4:04pm
SleakerEither people don't understand that what the picture is saying is true, or the picture was created out of a misunderstanding of what sexism is.09/01/2014 - 3:52pm
Sleaker@AE ok yah that's where the kind of confusion I'm getting. Your tweet can be taken to mean two different things.09/01/2014 - 3:51pm
Andrew EisenSleaker - No. No, not even remotely. The pic attached to my tweet was not made by me; it's not a statement I'm making. It's an illustration of the complete misunderstanding of the issue my tweet is referring to.09/01/2014 - 3:13pm
Papa MidnightIn other news, Netflix states why it paid Comcast: http://money.cnn.com/2014/08/29/technology/netflix-comcast/index.html?hpt=hp_t209/01/2014 - 3:10pm
 

Be Heard - Contact Your Politician