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POPCAP GAMES, INC. v. MUMBOJUMBO, LLC

No. 05-10-00301-CV.

350 S.W.3d 699 (2011)

POPCAP GAMES, INC., Appellant/Cross-Appellee, v. MUMBOJUMBO, LLC, MumboJumbo Distribution, LLC f/k/a Texas United Distribution, LLC, Jay DiNucci, and Mark Cottam, Appellees/Cross-Appellants, and Strategic Marketing Partners, Inc., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 3, 2011.

Attorney(s) appearing for the Case

Ben Taylor , Jason Keith Fagelman , Michael A. Swartzendruber , Oscar Rey Rodriguez , Fulbright & Jaworski L.L.P., Dallas, for Appellant/Cross-Appellee.

Martin E. Rose , Steven Dominic Sanfelippo , Michael D. Richardson , Michael Ross Cunningham , Mary Elizabeth Hosea Lemoine , Rose Walker, L.L.P., Dallas, for Appellees/Cross-Appellants.

William Roberts Pace , Jonathan A. Pace , Pace & Pace, LLP, Dallas, for Appellee.

Before Justices MORRIS, MOSELEY, and FITZGERALD.

OPINION

Opinion By Justice FITZGERALD.

This appeal arises from commercial litigation in which the parties asserted several claims and counterclaims against each other. After a jury trial on the merits and a hearing before the trial judge on attorneys' fees, the trial judge signed a judgment awarding MumboJumbo, LLC ("MumboJumbo") roughly $6.7 million in damages and fees against PopCap Games, Inc. ("PopCap"). The judgment also ordered PopCap to take nothing...

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