Ball Up v. Singer CA2/3

BACKGROUND

I. Ball Up sues Singer in Texas.

Streetball is a form of basketball that is typically played on outdoor courts. Less formal than basketball, its structure allows players to showcase their individual skills. In 2010, Demetrius Spencer and Robert Keetch formed Ball Up to create a sports lifestyle brand “based on the diversity, edginess, and strong sense of community that have long been the hallmarks of streetball.” Ball Up thereafter entered into an agreement with Strategic Partners, a manufacturer and wholesaler of medical apparel, to develop Ball Up apparel and footwear. Singer was Strategic Partner’s chairman and chief executive officer. When the relationship deteriorated, Ball Up sued Strategic Partners and Singer on January 29, 2016 in Texas state court for fraud and intentional misrepresentation, civil conspiracy, and negligent misrepresentation. Ball Up alleged that although its agreement with Strategic Partners was never finalized in writing, Strategic Partners promised to fund the brand and market apparel. However, Strategic Partners and Singer backed

2 out of the agreement and stealthily and actively obstructed Ball Up’s plan to market apparel. On May 16,…