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Kane Kessler Successfully Opposes Former NBA Star’s Motion to Dismiss Breach of Contract Claims Brought by Client Sports Agent David Falk

In a decision and order, dated July 13, 2023, Judge Mary M. Johnston of the Superior Court of the State of Delaware denied former NBA star Evan Turner’s motion to dismiss all claims brought against him individually by David Falk, the legendary sports agent who represented Michael Jordan, Patrick Ewing and countless other NBA stars. The case is F.A.M.E. LLC (dba Falk Associates Mgmt. Enters.) v. Emturn LLC and Evan Turner, No. N22C-12-003-MMJ (Del. Sup. Ct.). The complaint alleges that Turner and his loan-out company improperly failed to pay Falk $2 million in connection with Falk’s negotiation and procurement of a multi-million dollar endorsement deal between Turner and a Chinese sneaker manufacturer. Turner, the second pick in the 2010 NBA draft, argued that Falk’s agreement was with the loan-out company only and that Falk was not entitled to any fee in connection with Turner’s acquisition and sale of stock from the endorsement deal. The Judge denied Turner’s attempt to be dismissed from the case and directed the parties to proceed to discovery. The attorneys for the Firm representing Mr. Falk are S. Reid Kahn and Jonathan M. Sabin of the Firm’s Litigation Department.