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

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
Consterwhy aren't "Video game players" an option on the poll? :P07/04/2015 - 5:19am
Andrew EisenThat was quick! Pretty accurate cosplay of the new Ghostbuster uniform and proton pack: https://twitter.com/mirabellemusing/status/61673135125394227207/03/2015 - 6:23pm
Matthew Wilson@mast I dont know, but I do know it got a cult fallowing here.07/03/2015 - 6:22pm
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
 

Be Heard - Contact Your Politician