July 2, 2011
Photographic "Dagger" into the Heart of the Dallas Mavericks Mismanagement Lawsuit?
In Mark Cuban Files The Ultimate "Fuck You" Legal Brief, Barry Petchesky reports on Mark Cuban's recently filed motion for summary judgment brief in the lawsuits accusing Cuban of mismanaging the Dallas Mavericks by Ross Perot Jr. (a/k/a Hillwood Investment Properties III, which retained 5% ownership of the basketball franchise after selling the Mavericks to Cuban). Not a particularly groundbreaking legal tactic but for this photograph included in Cuban's June 22, 2011 summary judgement filing:
On June 12, 2011, the World Champion Dallas Mavericks defeated the Miami Heat to claim the franchise's first NBA championship. A true and correct photo of one of the many victory celebrations is incorporated herein:
Under Hillwood's ownership, the team was deemed the "worst franchise" in all of professional sports. Under Cuban's stewardship the Mavericks have become one of the league's most successful teams and are now NBA champions. Accordingly, there can be no genuine question that Hillwood's claims of mismanagement lack merit and Hillwood's claims should be disposed of on summary judgment.
LRW Profs Take Note. According to Deadspin's The Brilliant Legal Mind Behind Mark Cuban’s "Fuck You" Brief, the photo is "a dagger of a brief in the face of a suit accusing him of mismanaging the team, and it shuts down any comebacks. But Cuban deflected credit, telling us 'it was all the lawyers.'"
Editor's Note. Sorry about the naughty language but those are the titles of Deadspin's articles. Hat tip to Brooklyn Law prof Robin Effron's Fun Photo "Evidence" in a Summary Judgment Brief on Civil Procedure & Federal Courts Blog. [JH]