Endurance Outlasts Upper Deck in Court Ruling

Endurance Outlasts Upper Deck in Court Ruling

Remember that Upper Deck v. Endurance insurance case? Yeah, the one where Upper Deck sued its insurance company over whether the insurance company needed to pay Upper Deck back for the whole Konami mess? On December 15th, 2011, the district court granted Endurance's motion for summary judgment against Upper Deck.

Legal translation: Endurance wins. The case is over and goes up on appeal.

This case involves insurance, which is beyond boring, so there will be no complex analysis. I'll just give the summary of the court's opinion:

In sum, the court grants summary judgment in favor of Endurance against Upper Deck on all claims alleged in the complaint and counterclaim, declares the insurance policies void ab initio (for the period December 10, 2007 through December 10, 2009, Policies Nos. 1000041 and 10001166000), and instructs the Clerk of Court to close the file.

So, as things stand (before appeal), Upper Deck is stuck with the tab for the Konami litigation.

With Upper Deck already having to pay almost $4 million in another case, and being sued by its European brethren, it's easy to say that 2011 has not been the best year for Upper Deck in court. I bet they can't wait for 2012.

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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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