TMSL ALUMNUS WINS LAWSUIT
January 24, 2008
TMSL Alumnus Leon Carter of Munck Butrus Carter, P.C., represented Paymentech in a lawsuit against Spin Doctor Golf, Inc. According to a news release, a district judge in Dallas granted Paymentech’s Motion for Summary Judgment.
Spin Doctor Golf, Inc. manufactured a product called the Spin Doctor RI Wedge with a replaceable insert system which allowed golfers to spin the ball or stop the ball on the green. The product was sold exclusively through infomercials or 100% credit card sales. Spin Doctor Golf, Inc. claimed in 2001 that Paymentech agreed to perform credit card processing for basically no fee or reserve. Paymentech denied the existence of an oral agreement insisting that it would not process an account with 100% credit card sales with no reserve. Spin Doctor Golf asserted that its damages due to lost sales were estimated to be between $43,000, 000.00 to $70,000,000.00.
In her ruling, District Judge Lorraine Raggio found that Paymentech was not liable to Spin Doctor Golf and that the damages asserted by Spin Doctor Golf, Inc. were “highly speculative”. Paymentech prides itself in being a leader in the credit card processing industry, and this ruling by the Court confirms that “Paymentech did not orally agree to provide services for Spin Doctor Golf”, says Leon Carter of Munck Butrus Carter, P.C. in Dallas who represented Paymentech. “We have said all along that Paymentech only provides credit card processing to its customers pursuant to a written credit card services agreement. A summary judgment was the appropriate resolution to this case”, he said.
Munck Butrus Carter, P.C., has carved out a practice devoted to trials, transactions and technology. With offices in Dallas and Marshall, Texas, the firm offers full-service counsel in the areas of commercial litigation, intellectual property management and protection, corporate transactions and securities and employment. Munck Butrus Carter represents clients from start-ups to Fortune 500TM companies.
For more information about the firm, please visit
www.munckbutrus.com
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