Cowboys owner Jerry Jones will indeed testify next week in his breach-of-contract lawsuit against Alexandra Davis and her mother, Cynthia Davis. Although the full scope of his testimony remains to be seen, there’s one important topic on which he will undoubtedly be questioned.
Damages.
In lieu of seeking recovery under a liquidated damages clause (which is not uncommon in contracts that mandates confidentiality), Jones will be seeking to recover the legal expenses he incurred in connection with the legal effort to establish paternity. That amount, according to the lawyers for Alexandra and Cynthia Davis, is $1.6 million.
The lawsuit, filed as a counterclaim to a defamation lawsuit against Jones and others by Alexandra Davis, alleges that the contract was breached when she filed suit to establish paternity.
“There was no threat to go public, quite the contrary,” attorneys Andrew Bergman and Jay Gray told PFT via email. “Rather than submit to a simple private genetic test, Mr. Jones chose to spend at least 1.6 million dollars that he is now suing his daughter for.”
The effort started on January 4, 2022, when Bergman sent an email to Cowboys general counsel Jason Cohen expressing a desire for discretion in his communication with Jones.
“I am about to send Mr. Jones (senior) a letter regarding a claim involving what he may perceive to be a sensitive and personal legal matter,” Bergman wrote. “I do not want to unnecessarily publish the existence of this matter to other people who might deal with his mail and at the same time I need to make sure that Mr. Jones receives and gives due consideration to the matter set forth in my letter. To accomplish these goals I thought that I might reach out to you and see if you want to accept the letter on behalf of Mr. Jones.”
The next day, Bergman sent the initial letter to Jones.
“As I am sure you are aware, Alexandra’s mother is Cynthia Davis from Arkansas,” Bergman wrote. “Alexandra is 25 years old. I do not feel it is necessary to go into any detail in explaining why Alexandra believes you are her biological father. However, Alexandra is more than willing to participate in genetic determination.
“Texas law provides a relatively simple, non-intrusive, inexpensive, quick procedure for establishing parentage if you are willing to cooperate. Hopefully you will avail yourself of this opportunity. I am confident that your attorneys can explain the details required under the Uniform Parentage Act (the ‘Act’) for what can be an easy, voluntary process.
“Please have your legal representative(s) contact me within seven (7) days of the date of this letter so we can discuss the least intrusive method for moving forward under the Act for determining and establishing this parentage issue. No one is trying to embarrass or harass you in any way. Hopefully this can be resolved in an amicable manner, which is certainly Alexandra’s intent.”
The matter was obviously not resolved. More than two years later, Jones is on the brink of trying to get $1.6 million from the Davises for allegedly breaching the 1998 contract that provided financial support for her upbringing.
In the paternity case, Jones has been ordered to submit to a DNA test. The ruling is currently being appealed.
Jones knows a thing or two about reimbursement for attorneys’ fees. In 2018, Jones had to refund the NFL more than $2 million due to his role in supporting running back Ezekiel Elliott in the attack against his six-game suspension under the Personal Conduct Policy.
Still, it’s fair to wonder why he’s doing this. He doesn’t need the money. He’s clearly trying to make a point. And, in so doing, he’ll be giving more and more publicity to the paternity issue that he tried to keep quiet more than 25 years ago.