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. “WoW. What kind of marxistsocicalistliberal thing is that? Did I get that right? Is that what happens. Are our great team sports in the hands of a radical, left-wing cabal of anti-capitalists? Even if I got it wrong I’m entertained by my potential misunderstanding.”

    LK,

    You’ve got it right. however, they’re only Marxists when it come to the Basketball business. Historically, pro sports teams have been used as tax shelters, there have been only a few owner in pro-sports since the 50’s who have depended on their teams for revenue. For most of them I suspect they do it out of a form of penis-envy. They like to have power over the magnificent specimens they were never able to become. Part of this dominance game is to try to pay the players, who after all are the sport, as little as possible to show them inferior to ownership. Though there have been literally thousands of instances, one of them to me is the most famous. In 1942 the Yankees tried to cut Joe diMaggio’s salary after he had had one of the greatest years ever had by a baseball player and was the American League’s Most Valuable Players.

  2. 2011-12 NBA Rookie Scale
    Pick 1st Year Salary 2nd Year Salary 3rd Year Option Salary 4th Year Option: Percentage Increase
    Over 3rd Year Salary Qualifying Offer: Percentage Increase
    Over 4th Year Salary

    1
    4,420.9
    4,752.4
    5,084.0
    26
    30.0%

    2
    3,955.4
    4,252.1
    4,548.7
    26.2%
    30.5%

    3
    3,552.1
    3,818.5
    4,084.9
    26.4%
    31.2%

    4
    3,202.5
    3,442.7
    3,682.9
    26.5%
    31.9%

    5
    2,900.1
    3,117.6
    3,335.1
    26.7%
    32.6%

    6
    2,634.0
    2,831.6
    3,029.1
    26.8%
    33.4%

    7
    2,404.6
    2,584.9
    2,765.2
    27.0%
    34.1%

    8
    2,202.9
    2,368.1
    2,533.3
    27.2%
    34.8%

    9
    2,024.9
    2,176.8
    2,328.7
    27.4%
    35.5%

    10
    1,923.6
    2,067.9
    2,212.2
    27.5%
    36.2%

    11
    1,827.4
    1,964.5
    2,101.5
    32.7%
    36.9%

    12
    1,736.1
    1,866.3
    1,996.5
    37.8%
    37.6%

    13
    1,649.3
    1,773.0
    1,896.6
    42.9%
    38.3%

    14
    1,566.9
    1,684.4
    1,801.9
    48.1%
    39.1%

    15
    1,488.4
    1,600.1
    1,711.7
    53.3%
    39.8%

    16
    1,414.1
    1,520.1
    1,626.2
    53.4%
    40.5%

    17
    1,343.3
    1,444.1
    1,544.8
    53.6%
    41.2%

    18
    1,276.2
    1,371.9
    1,467.6
    53.8%
    41.9%

    19
    1,218.7
    1,310.1
    1,401.5
    54.0%
    42.6%

    20
    1,170.0
    1,257.7
    1,345.5
    54.2%
    43.3%

    21
    1,123.1
    1,207.4
    1,291.6
    59.3%
    44.1%

    22
    1,078.2
    1,159.1
    1,240.0
    64.5%
    44.8%

    23
    1,035.2
    1,112.8
    1,190.5
    69.7%
    45.5%

    24
    993.7
    1,068.2
    1,142.8
    74.9%
    46.2%

    25
    954.0
    1,025.5
    1,097.1
    80.1%
    46.9%

    26
    922.4
    991.5
    1,060.7
    80.3%
    47.6%

    27
    895.7
    962.9
    1,030.1
    80.4%
    48.3%

    28
    890.2
    957.0
    1,023.8
    80.5%
    49.0%

    29
    883.8
    950.0
    1,016.3
    80.5%
    50.0%

    30
    877.3
    943.1
    1,008.9
    80.5%
    50.0%

    Email to a friend

  3. Sorry 2 typos: “caost” should have been cost; “tp” should have been omitted. I guess I was distracted by the article following the Mavericks article reporting Ron Artest’s (of the LA Lakers) lawyer filed a petition in Los Angeles Superior Court seeking a name change to METTA WORLD PEACE. You’ve go to love stories in the world of sports.

  4. The Courier-Journal, Louisville, KY ; Friday 6-24-2011 reports in the Sports section:
    ” Dallas city officials said last week’s parade celebrating the team’s first NBA title caost $340,947. The bill was sent tp straight to team owner Mark Cuban who has agreed to pay.”

  5. “Ross had EDS.”

    Jon,

    The Ross Perot in this story is Ross Perot, Jr. He’s the son of the guy who developed EDS and so is in line for inheritance. EDS by the way made its money through Government Contracts and Ross Perot Sr.is a supposed anti-government guy. Cuban made his own money and that to me makes a world of difference.

  6. Henman, I have no idea. Since there are apparently some convoluted negotiations going on at a League-wide basis it may not even be true. Apparently, and this is from a non-fan that knows that bottom lines can move around and may only encompass a limited number of factors. This may, from my further reading exclude broadcast rights and those profits- which are great. Still, if the League is saying simultaneously that the majority of teams are not making money for purpose “A” and not making money has been going on for some time, it seems disingenuous to say making money should be the standard in purpose “B”.

    [[ Aside: from even limited reading it seems that profit-making across the big three (baseball, football and basketball) is problematic with many teams simply not making a profit. Apparently, the leagues take a heavy cut of the income and then redistribute it so all teams can recruit good, high priced players. For the good of the sport.

    WoW. What kind of marxistsocicalistliberal thing is that? 🙂 Did I get that right? Is that what happens. Are our great team sports in the hands of a radical, left-wing cabal of anti-capitalists? 🙂 Even if I got it wrong I’m entertained by my potential misunderstanding. ]]

    Sports fans seem to me to be fanatic’s in many regards, the league and Mr. Pirot may want to take this case and this negotiating position into consideration based on the potential public perception of the matter. That perception may entangle these matters even if there is no actual similarity. That caution though is based on my perception that sports fans are fanatics and probably keep up with this kind of news and issues. I’m just speculating here.

  7. lottakatz-

    “…I just did a 3 minute search and learned that the League says 22 teams out of the 30 in the NBA are not making money.”

    Was that “as reported on their Income Tax Forms” ??

    AY-

    ” this is only a rumor that I have heard…but hey…its worth spreading…”

    I like your logic….A lot.

  8. Thanks for the kudos, but this was emailed to me by my son Evan in San Francisco,CA who recently passed the CA bar and is working with a law firm there. I forwarded it to you for your consideration in posting.
    Great seeing you last week in the Bluegrass State. Jonathan addressed the Kentucky Bar Association annual convention and his remarks were a major hit! The feature CLE: ” THE CRIMINALIZATION OF AMERICA: THE EXPANDING USE OF THE CRIMINAL CODE TO ADDRESS BAD CONDUCT”. Jonathan, you should post your remarks (and one of the photos) on this blog for all bloggers to read. Thanks, Frank

  9. Dirk is throwing out the first pitch at the Rangers game tonight. Cuban sold a dot.com that he founded at exactly the right time. Think he sold it to yahoo but not absolutely sure.

  10. Jon,

    Jr. got his from his Daddy…the ole fashioned Texas way….If it had not been for loyal folks Sr could not have made it…He worked a stint at IBM and couldn’t get them to do things the way he wanted them too and left….

    Sr. is such a cheap bastard that he would not purchase a New vehicle for his wife. He has made her get used ones….this is only a rumor that I have heard…but hey….its worth spreading….

  11. Per Wikipedia Mark Cuban’s net worth is 2.5 billion while Ross Perot’s net worth is 3.4 billion. I’m not a fan of either billionaire but don’t see much difference is how either of them became rich, Mark made his in the dot com world and Ross had EDS.

  12. SwM,

    While I rooted for the Heat because I think LeBron has gotten a bad rap, I’m not unhappy with the outcome. Dirk finally got his proper due and it illustrates what a great coach Carlisle is.

  13. I’m no fan of either basketball or Cuban, but I have to give props to Melsheimer.

  14. Watched every play-off game. Have been a fan ever since Cuban bought the team.

  15. Mark Cuban is the best owner in sports and a self made billionaire to boot, not like Mr. Perot. I say this despite rooting heavily for the Heat and being a lifelong Knicks fan.

  16. It does raise the interesting question whether the general manager’s job is to win or to make money for his investors. The one does not necessarily imply the other.

  17. “Cuban footed the entire bill…of course with the teams money….”
    So it wasn’t a philanthropic gesture after all ?.Although it sounded like one.

  18. Oh, he’ll probably come after him for the money that was spent on the victory parade….Cuban footed the entire bill…of course with the teams money….

    This was a classic….

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