SOURCE: Encore Marketing Group

August 06, 2008 11:16 ET

Encore Marketing Wins Key Ruling in Idearc Media Suit

DALLAS, TX--(Marketwire - August 6, 2008) - A federal district judge in Dallas has dismissed Idearc's case against Encore and has instead approved a request for binding arbitration submitted by Hillsborough, N.C.-based Encore Marketing Group Inc. in an ongoing dispute with Dallas-based Idearc Media Group over advertising sales generated for the SuperPages.com Web site.

Idearc Media Inc. filed the lawsuit earlier this year. Attorneys for Idearc contend that certain independent contractors of Encore Marketing submitted invalid orders for SuperPages.com advertising sales that never occurred, and subsequently received commissions for those sales. Idearc had sought to avoid binding arbitration in the case.

Encore and its executives contend that they cooperated fully with Idearc upon discovery to mitigate the issue and vigorously deny any allegations of foreknowledge or participation. Encore has asserted from the outset that the parties contractually agreed to resolve any disputes through arbitration.

On July 30, 2008, Federal Judge Barbara Lynn agreed with Encore's position and dismissed Encore from the suit.

Attorneys for Encore view the ruling as extremely positive for their clients, which include both the company and Encore executives.

"The ruling clarifies that the binding arbitrations provisions found in the contract between the firms is mandatory, not optional," says Richard Sayles, lead counsel for Encore Marketing and a co-founder of the Dallas trial firm Sayles Werbner, PC.

"We believe that this matter will be handled efficiently and effectively through the arbitration process, and that this ruling is another step that will lead to a favorable resolution for Encore Marketing," says Sayles.

Sayles Werbner has an international reputation as a "go to" trial law firm in multifaceted business litigation, intellectual property, life-altering personal injury cases, product safety lawsuits and other areas of the law. More information about the firm can be found at www.swtriallaw.com.

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