• The KillerFrogs

Listenbee Lawsuit Update 3/19/2018

Limp Lizard

Full Member
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hometown frog

Active Member
Is that one of those plays where Gary hurt KL it was that later in the season that happened? Maybe in confused how this is supposed to work.
 

Eight

Member
i'm confused.

kolby has stayed tuned for tokyo 2020? unless he is running at the para- olympics because of his "injuries" he doesn't think he can qualify for the us team does he?
 

Froglaw

Full Member
Okay, if this update has already been posted, then I missed it and please ignore.

The Dallas Court of Appeals issued a Memorandum opinion on December 21, 2018 and withdrew and replaced the opinion on February 6, 2019. The decision granted TCU, et al.'s Plea in Abatement.

I have not analyzed the entire opinion, but the Dallas case is "Abated" ("put on hold") while the Tarrant County case will proceed to its conclusion.

This is a huge blow to Mr. Listenbee's case in that the forum trial court (Fort Worth) did not seem as sympathetic to Mr. Listenbee's claims and causes of action (most of which I've never seen pleaded in a lawsuit prior to this case).

I hand the mantle of reporting to my Fort Worth members of the bar to keep us informed of the progress of this case.

Interestingly, again I may have missed it, the DFW Press seems to have failed to report this story and failed to report it with the zeal it used to trumpet the initial filing.
 

Bob Sugar

Active Member
Okay, if this update has already been posted, then I missed it and please ignore.

The Dallas Court of Appeals issued a Memorandum opinion on December 21, 2018 and withdrew and replaced the opinion on February 6, 2019. The decision granted TCU, et al.'s Plea in Abatement.

I have not analyzed the entire opinion, but the Dallas case is "Abated" ("put on hold") while the Tarrant County case will proceed to its conclusion.

This is a huge blow to Mr. Listenbee's case in that the forum trial court (Fort Worth) did not seem as sympathetic to Mr. Listenbee's claims and causes of action (most of which I've never seen pleaded in a lawsuit prior to this case).

I hand the mantle of reporting to my Fort Worth members of the bar to keep us informed of the progress of this case.

Interestingly, again I may have missed it, the DFW Press seems to have failed to report this story and failed to report it with the zeal it used to trumpet the initial filing.
Texas Supreme Court has abated the case while the parties try to negotiate a settlement.

Looked and did not see it posted, so here's an update on the Tarrant front. Listenbee's attorneys took a huge gamble and file a motion to dismiss under Rule 91 as a baseless cause of action. The risk in filing such a motion is that if it is denied, the court must award the plaintiff its attorney's fees. TCU's attorney submitted an affidavit that its fees were $27k last spring. Listenbee appealed to the Fort Worth Court of Appeals and lost, which means he owes more fees to TCU. He has appealed to the Texas Supreme Court, and if he loses there, he owes even more fees.

You can track the progress on the Texas Supreme Court's website here: http://www.search.txcourts.gov/Case.aspx?cn=18-0655&coa=cossup
 

SnoSki

Full Member
Texas Supreme Court has abated the case while the parties try to negotiate a settlement.

Looked and did not see it posted, so here's an update on the Tarrant front. Listenbee's attorneys took a huge gamble and file a motion to dismiss under Rule 91 as a baseless cause of action. The risk in filing such a motion is that if it is denied, the court must award the plaintiff its attorney's fees. TCU's attorney submitted an affidavit that its fees were $27k last spring. Listenbee appealed to the Fort Worth Court of Appeals and lost, which means he owes more fees to TCU. He has appealed to the Texas Supreme Court, and if he loses there, he owes even more fees.

You can track the progress on the Texas Supreme Court's website here: http://www.search.txcourts.gov/Case.aspx?cn=18-0655&coa=cossup

Not a lawyer here... so you're saying that Listenbee is losing, and instead of getting paid, he is paying, paying some more, and stands to pay out even more?
 

Eight

Member
Texas Supreme Court has abated the case while the parties try to negotiate a settlement.

Looked and did not see it posted, so here's an update on the Tarrant front. Listenbee's attorneys took a huge gamble and file a motion to dismiss under Rule 91 as a baseless cause of action. The risk in filing such a motion is that if it is denied, the court must award the plaintiff its attorney's fees. TCU's attorney submitted an affidavit that its fees were $27k last spring. Listenbee appealed to the Fort Worth Court of Appeals and lost, which means he owes more fees to TCU. He has appealed to the Texas Supreme Court, and if he loses there, he owes even more fees.

You can track the progress on the Texas Supreme Court's website here: http://www.search.txcourts.gov/Case.aspx?cn=18-0655&coa=cossup

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