Law360 reported that Drayton McLane Jr. of Temple and his McLane Champions LLC lodged a petition for review with the Texas Supreme Court on Friday after a lower appellate court and a district court kept alive a lawsuit brought by Astros owner Houston Baseball Partners LLC.
On appeal, Law360 reports, former team owner McLane is arguing that HBP, which is controlled by Texas businessman and current team owner Jim Crane, has no standing to bring the lawsuit.
The Houston Chronicle reported on June 18 that Crane can proceed with his 2013 lawsuit against former team owner McLane and Comcast Corp., stemming from the 2013 financial collapse of the Comcast SportsNet Houston regional sports network.
The Chronicle reported a three-judge panel of the 14th Court of Appeals in Houston rejected the arguments of McLane and Comcast that the 2014 lawsuit should be dismissed because their projections to Crane about the network’s prospects were protected speech under the Texas Citizens Participation Act.
Law360 reports McLane argued "extensive red flags" were ignored during the negotiations for the sale of the team and should doom claims that HBP justifiably relied on extra-contractual statements allegedly made by McLane. McLane has "no special expertise in regional sports networks regarding the future profitability and expected affiliate rates of an unlaunched network," he argued.