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Mickey Mantle grand slams Upper Deck.


DALLAS--(BUSINESS WIRE)--May 30, 1996--A two-year legal battle between Mickey Mantle's estate and The Upper Deck Co. and Upper Deck Authenticated au·then·ti·cate  
tr.v. au·then·ti·cat·ed, au·then·ti·cat·ing, au·then·ti·cates
To establish the authenticity of; prove genuine: a specialist who authenticated the antique samovar.
 ("Upper Deck" collectively) was resolved in Dallas on May 22, 1996, by a three-member panel of The American Arbitration Association The American Arbitration Association (AAA) is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution.  entering its binding award of approximately $4.9 million in favor of the late Mickey Mantle's estate.

The case arose from Upper Deck's breach of its Endorsement and Personal Services personal services n. in contract law, the talents of a person which are unusual, special or unique and cannot be performed exactly the same by another. These can include the talents of an artist, an actor, a writer, or professional services.  Contract with Mickey Mantle Noun 1. Mickey Mantle - United States baseball player (1931-1997)
Mickey Charles Mantle, Mantle
 in 1994.

"Upper Deck's breach of Mickey's contract was calculated and flagrant fla·grant  
adj.
1. Conspicuously bad, offensive, or reprehensible: a flagrant miscarriage of justice; flagrant cases of wrongdoing at the highest levels of government. See Usage Note at blatant.

2.
. Mickey was very hurt by Upper Deck's actions because he gave so much of himself to the performance of his responsibilities for Upper Deck.

"They began to feel all-powerful and betrayed the trust of not only Mickey but other athletes who had contracts with them. I only wish Mickey had lived to see that justice was done," stated Roy True, Mantle's long-time friend and attorney, and a co-executor of the Mantle estate.

According to Jim According to Jim is an American situation comedy television series originally broadcast by ABC. The show premiered with little publicity in October 2001, following the surprise hit comedy My Wife and Kids.  Pikl of the Dallas law firm True & Sewell and Mantle estate attorney for this case: "Upper Deck can delay payment for a period of time, but they will eventually have to pay the award. Until the award is paid, 10% interest accrues on the award and their liability will continue to grow."

Part of the award to the Mantle estate was for damages resulting from Upper Deck's sales of Mantle products immediately following his death in August 1995. Pursuant to the Texas Property Code, the Mantle estate was entitled to 100% of the profits from such sales, as well as punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. .

"Part of our award was $1 million in punitive damages under the Texas Property Code," stated Pikl. "The Mantle estate will file lawsuits against any other persons who seek to unlawfully profit from Mickey's death," he continued.

If Upper Deck refuses to pay the $4.9 million award voluntarily, the U.S. District Court can enter judgment on the award which will allow the Mantle estate to obtain writs WRITS, JUDICIAL, practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery. 3 Bl. Com. 282.  of execution and other court process to seize assets of Upper Deck necessary to pay the judgment.

"The motion to enter judgment on the award was filed on May 29, 1996, because we do not believe Upper Deck will voluntarily pay the award. Upper Deck hasn't made a right decision about Mickey's contract since 1993. One must wonder who is responsible for such poor judgment and mean spirit," said Pikl.

CONTACT: Roy J. True, 214/368-1500
COPYRIGHT 1996 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 30, 1996
Words:410
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