Results of Petition against NDBO

On March 23, 2012, MAAD filed a petition in Johnson County, Kansas District Court against National Deaf Basketball Organization on four counts: Account Owed ($8,673.32 from past tournament proceeds owed to MAAD); Breach of Fiduciary Duty (NDBO setting up regional organizations in competition with several original region members of NDBO); Breach of the Duty of Good Faith and Fair Dealing; and Tortuous Interference with Non-Profit Business (NDBO setting up regional organizations in competition).

NDBO filed a motion to dismiss and other related documents. MAAD filed several responses to the motion to dismiss and other related documents.

On March 7, 2013, the Judge granted NDBO's motion to dismiss the case. He held that while MAAD had standing to pursue the lawsuit against NDBO in Kansas, NDBO did not have sufficient contact within the State of Kansas to establish jurisdiction without violating due process requirement of the United States Constitution. The Judge stated that while there may have been some minor business contacts by NDBO within Kansas, such as region registration and MAAD providing information about NDBO basketball tournament at the regional tournaments in Kansas, NDBO did not have any meetings, workshops or any other substantial business in Kansas.

The Judge denied NDBO's request for attorney's fee since MAAD's decision to file the petition in the State of Kansas is not frivolous. The Judge basically stated MAAD's attorney has set out sufficient facts supporting the petition that was filed; MAAD may have standing to file the petition in Kansas; and the filing of the petition was not frivolous.

In summary, the case was dismissed in Kansas. There is no final judgment on the four counts, and MAAD's case against NDBO can be filed in any state where NDBO has done substantial business.

Signed Journal Entry Court [view document]