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MumboJumbo Wins $4.6 Million Lawsuit Against PopCap

by Rainier on Jan. 25, 2010 @ 9:35 a.m. PST

In 2006, MumboJumbo and Seattle-based PopCap Games reached an agreement whereby MumboJumbo would produce, distribute and sell certain PopCap games in North America. A jury in the 193rd Civil District Court in Dallas County, Texas, agreed that PopCap breached the contract when it decided to market and sell its games on its own.

The verdict follows 12 days of trial during which MumboJumbo's lawyers showed that PopCap committed fraud and tortious interference when it severely damaged the business relationship between MumboJumbo and a key retailer.  Central to proving that portion of the case were PopCap's own internal e-mail messages, which showed the company employed a calculated use of false and misleading statements in order to sour that business relationship. 

The jury's verdict includes $4.6 million in actual damages.  A separate hearing to decide on the amount of attorneys' fees to add to the damages is scheduled for later this week. 

"The law allows you to do plenty of things to be successful in business," says attorney Marty Rose of Dallas-based Rose Walker, who represents MumboJumbo.  "However, it does not allow you to commit fraud or interfere with a company's business relationships. The jury's verdict is a clear signal that this type of business conduct is not going to be tolerated."

"We were brought into this case at the last minute," says attorney Mike Richardson, also of Rose Walker.  "And it is incredibly rewarding to be able to help a client in need." 

"The jury has spoken and demanded that businesses play by the rules," says Rose Walker attorney Ross Cunningham. 

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