Dallas Jury Awards Casual Video Game Publisher MumboJumbo $4.6 Million in Lawsuit Against PopCap

PopCap Games liable for fraud, tortious interference, breach of contract

Jan 25, 2010, 12:14 ET from Rose Walker, L.L.P

DALLAS, Jan. 25 /PRNewswire/ -- The creator of such popular video games as "Midnight Mysteries: The Edgar Allan Poe Conspiracy," "Luxor Adventures," and "Samantha Swift and the Mystery from Atlantis," has won a legal battle against its former business partner over the sale and distribution of premium casual games.

Dallas-based MumboJumbo LLC is a worldwide publisher, developer and marketer of premium casual games for PCs and game consoles made by Nintendo, Sony Computer Entertainment and Microsoft Corporation.  MumboJumbo games are available for purchase online as well as at major retailers such as Wal-Mart, Amazon.com, Target, Best Buy and GameStop. 

In 2006, MumboJumbo and Seattle-based PopCap Games, Inc., reached an agreement whereby MumboJumbo would produce, distribute and sell certain PopCap games in North America.  In finding for MumboJumbo, a jury in the 193rd Civil District Court in Dallas County, Texas, agreed that PopCap breached the contract when it went behind MumboJumbo's back and 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

Representing MumboJumbo at trial along with Mr. Rose, Mr. Richardson and Mr. Cunningham was Rose Walker attorney Bryan Rose.

Headquartered in Dallas, Texas, MumboJumbo LLC™ (http://www.mumbojumbo.com) is a worldwide publisher, developer and mass marketer of premium casual games for PCs and game consoles. MumboJumbo games are downloadable at its website as well as key game portals, or purchased at retail through mass merchants, computer retailers and specialty outlets. MumboJumbo owns and operates studios located in Dallas and Vladivostok, Russia, and publishes and distributes software through its subsidiaries worldwide. For more information please visit our website at www.mumbojumbo.com.

Rose Walker, L.L.P., is a premier trial law firm, focusing on complex civil litigation.  The firm represents businesses and individuals, and its many major courtroom victories have helped Rose Walker earn a national reputation for excellence.

To learn more about the firm, please visit http://www.rosewalker.com.

For more information on the verdict in favor of MumboJumbo, please contact Mark Annick at 800-559-4534 or mark@androvett.com.

SOURCE Rose Walker, L.L.P