HOUSTON – Houston Baseball Partners recently filed a notice non-suiting Comcast and NBC Universal from a case in the Texas Supreme Court over the worth of the Astros when Jim Crane purchased the team back in 2011.
Court records show that on Nov. 22 Comcast and NBC Universal also filed a motion to dismiss their petition for review.
HBP’s nonsuit does not affect any claims pursued against Drayton McLane (the previous owner of the Astros) and McLane Champions, nor does Comcast’s motion to dismiss affect the petition for review filed by the McLane defendants.
On Dec. 2, the Supreme Court of Texas granted HBP’s notice of nonsuit with prejudice and Comcast’s motion to dismiss, court records show.
Case background
In 2013, HBP, which was formed by Crane, filed suit against Comcast, NBC Universal, McLane and McLane Champions, alleging fraud, negligent misrepresentation and breach of contract. HBP also alleged that the defendants engaged in a civil conspiracy to defraud.
HBP claims to have paid much more for the acquisition of the ball club than it would have offered if it possessed accurate information and that it lost its equity interest in the Regional Sports Network. HBP paid $283 million for the Astros and $332 for the sports network.
Court records show the case was removed to federal court, where it remained for five years because of the bankruptcy of the sports network.
After the case was remanded back to state court, the defendants filed a motion to dismiss under the Texas Citizens Participation Act, which was denied by the trial court.
On June 17, 2021, the 14th Court of Appeals affirmed the lower court’s ruling.
On appeal, the defendants had argued the TCPA mandates dismissal because HBP lacks standing and otherwise failed to present prima facie evidence in support of its claims.
The 14th Court concluded that HBP does have standing and produced clear and specific evidence for each essential element of its claims.
Supreme Court case No. 21-0641