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