NRA v. Ackerman, Texas

Court Decision on Ackerman’s Motion to Dismiss Certain NRA Claims

September 15, 2020

Filing Summary

In a defeat for the NRA, the federal district court in the Northern District of Texas dismissed several of the causes of action the NRA had asserted in its Amended Complaint against Ackerman McQueen and other defendants.

As requested in Ackerman’s Motion to Dismiss (which can be found here), the Court dismissed the NRA’s claims for Copyright Infringement (Count Two), Conversion (Count Three) against all defendants (Ackerman, Mercury Group, and the individual defendants). As to the Mercury Group, the Court also dismissed claims relating to Fraud and Conspiracy (Counts 4 and 6). Finally, the Court dismissed the claims against the individual defendants relating to alleged Breach of Fiduciary Duty (Counts 5 and 7).

The Court ruled in the NRA’s favor on only one claim, refusing to dismiss the NRA’s False Association claims (Count 1).

The case, in which Ackerman McQueen has also asserted substantial counterclaims, will now proceed to discovery, and potentially a trial. The following chart describes the counts going forward (in green).

Key Points