Law of Cards: Is Upper Deck Versus Executive Over?

Law of Cards: Is Upper Deck Versus Executive Over?

The crazy litigation between Upper Deck and Executive Trading over political trading cards appears to be over.

In a May 13 order, the court stated:

In light of the settlement of this case, all pending matters, including the Motion for Summary Judgment , Motion to Exclude Testimony of Tim Girvin , and Motion to Exclude Testimony of Dennis Mandell , are hereby DENIED WITHOUT PREJUDICE and may be re-filed if the parties do not file a joint motion for dismissal by June 26, 2014 pursuant to Magistrate Judge Adler’s Order . The hearing set for June 12, 2014 is VACATED.

Basically, the court is putting everything on hold until June 26 to give the parties time to finalize a settlement agreement and dismissal order.

In all likelihood, the future filings won't tell us who won or lost given Upper Deck's drive to keep many of the documents in this case under seal, but we'll keep our eyes on the docket just in case.

It's too bad. I really enjoyed this case. From arguments over the definition of the word "insert" to Upper Deck's contention that even if it lost, Executive should only receive less than $201, it was full of humor.

Oh well. However, given how litigious this industry is, I'm sure a replacement case will pop up (cough...Beckett v. COMC...cough...).

The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

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Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

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