Entertainment & Sports Law

Are the Dallas Mavericks Mismanaged? Motion Uses Celebration Photo to Refute the Notion


Lawyers for Dallas Mavericks owner Mark Cuban are seeking to dismiss a suit alleging mismanagement of the team with a photo illustrating its NBA win.

The suit was filed by prior team owner Hillwood Investment Properties, a company controlled by H. Ross Perot Jr. that still has a 5 percent stake in the Mavericks, the Am Law Daily reports. Perot is the son of the former presidential candidate.

The motion for summary judgment includes a photo of a celebration after the Maverick win. “Under Hillwood’s ownership, the team was deemed the ‘worst franchise’ in all of professional sports,” the motion says. “Under Cuban’s stewardship the Mavericks have become one of the league’s most successful teams and are now NBA champions.”

Fish & Richardson partners Thomas Melsheimer and H. Brett Johnson filed the motion. Melsheimer talked to Deadspin and The 33 KDAF-TV. “We thought the lawsuit was nonsense when it was filed. We think it’s even more so now”, he told The 33. Deadspin asked whether there was a difference between maximizing profits and earning a title. “Fundamentally in sports the most valuable franchises are the ones that win,” he said.

The Dallas Observer has the motion, deemed an “Eff You Motion to Dismiss” by Above the Law. Melsheimer told Deadspin he prefers to characterize the document as “pointed.”

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