Best Motion To Dismiss Ever?

Tom Melsheimer, counsel for Mark Cuban, has mastered the principle of “brevity is the soul of wit” — and apparently the grounds for dismissal. In a truly brief brief, Melsheimer answered claims by Ross Perot Jr.’s that Cuban has been “reckless and careless” in running the Dallas Mavericks, with a picture of fans celebrating the NBA Championship.

Perot owns 5 percent of the team and filed the action alleging an array of mismanagement against Cuban.

The four lines of argument state:

“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.”

That comes as close as yelling “In your face” on the basketball court as you can get in a real court.

Source: Dallas Observer

Jonathan Turley

Kudos: Frank Mascagni

26 thoughts on “Best Motion To Dismiss Ever?

  1. mespo727272 : several comments posted to your blog. This was a long journey, took more time than I planned. I’m interested in your reactions. Hope I addressed some of what you were looking for. Frank

  2. mespo727272 : Thanks, good to hear from you. I’ll accept your invitation and comment on Free Will. God only knows what my views will be as an ole/old criminal defense attorney of 34 years practicing in Kentucky. Reader beware!

  3. frankmascagniiii,

    I noted with interest your list of NBA rookie salaries and increments. My feeling is that any pro-athlete is worth exactly what he or she can get. first reason of course is capitalism, since one should have the right to maximize their income. Employees as well as owners. The second though is skill level as compared to the human race.
    To wit:

    1. Basketball is either the first or second most popular sport of humanity.
    2. Of the 6 billion odd people in the world let’s say that 50% are males, not unreasonable.
    3. Of those 3 billion males perhaps 2 billion have played, or do play basketball regularly.
    4. Of those 2 billion who play, let’s say that 1% have, or play the sport in some kind of organized league, that would be 20 million in some type of organized basketball.
    5 Take 1% of those 20 million to denote those playing in both amateur (collegiate, etc.), semi-professional and professional Non-NBA leagues and you get 200,000.
    6. Take 1% of that 200,000 and you get the best 2,000 basketball players in the world. Since the NBA has arguably the best players and they have about 500 off and on, they represent 25% of the world’s best 2,000 players and 0.000000025 of the worlds best basketball players.

    If you did that with let’s say the skills of those capable of being corporate CEO’s my guess, very conservatively would be that there are perhaps 2 million people out of 6 billion capable of being CEO’s. In truth I could argue perhaps 20 million. The figure would run similarly for any sport. The pro athlete, at the top of their game is worth all he/she could get and in my calculations I omitted women to make them simpler. If you did the same with women athletes, they are like in everything else, underpaid.

Comments are closed.