Did Lawyers Inflate Fees in Hot Coffee Class Action Suit?
Did Lawyers Inflate Fees in Hot Coffee Class Action Suit?
May 27, 2008
Lawyers who filed a class-action lawsuit against Take-Two Interactive over the 2005 Hot Coffee scandal have put in a claim for $1,000,000 in legal fees.
But, as Overlawyered reports, the total value of a settlement award to 2,676 claimants in the case tallies less than $27,000. Here's how those awards break down:
- Tier 1 (up to $35.00) (no [GTA San Andreas disc] exchange required): 416
- Tier 2 (up to $17.50) (exchange required): 22
- Tier 3 ($10.00) (exchange required): 131
- Tier 4 ($5.00) (no exchange required): 2,050
- Disc Exchange w/o cash: 57
Seven lead plaintiffs are seeking an additional total of $24,500.
Apparently, as part of the settlement, Take-Two may wind up donating $870,000 to the ESRB and the National PTA. Overlawyered's Ted Frank criticizes the claim for fees:
Of course, as we’ve discussed, none of these people had a legitimate cause of action or suffered any legally cognizable injury... Recognizing that this 3774% contingent fee looks fishy... the plaintiffs have sought to inflate the appearance of accomplishment through a $870,000 cy pres award to the National PTA and ESRB...
As GamePolitics previously reported, Frank has been critical of the Hot Coffee suit in the past.
A hearing on the fee issue is scheduled for June 25th.
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Posted 11/07/09 at 10:58am
JDKJ: Which could be explained by both (a) and (b).
JDKJ: Which could be explained by both (a) and (b).
Posted 11/07/09 at 10:56am
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Austin_Lewis: JDKJ: You forgot C) the fact that, for some reason, every time he did something that would suggest he shouldn't be in the military, let alone an officer, higher ups ignored it or let it slide.
Posted 11/07/09 at 10:51am
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
JDKJ: Part of the problem is, I believe, that (a) the Army had a lot of time and money already invested in him and which they were unwilling to simply write-off and (b) an increasing need for the type of skills and services he provided.
Posted 11/07/09 at 10:48am
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
JDKJ: And that even if he was begging not to get cut loose, he was apparently a real good candidate for being cut loose, anyway.
Posted 11/07/09 at 10:11am
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
JDKJ: @chada: And while Kennedy once noted that there's usually more than enough blame for everyone to get a slice, the possibility that the Army was unwilling to cut loose someone who was asking to get cut loose could be a factor.
Posted 11/07/09 at 10:07am
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
ZippyDSMlee: *noms on his feet*..nomnomnomnom*droooll* ...wuuutttttt uuu looking at?
Posted 11/07/09 at 10:05am
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
JDKJ: I'm no psychologist, but I'm told that crazy people have a tendency to do crazy things.
Posted 11/07/09 at 10:03am
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
chadachada321: Whoops, was out of the convo for awhile. I do wonder what type of ammo he used etc, but the real issue is WHY he did it, not HOW
Posted 11/07/09 at 09:56am
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
JDKJ: But if it turns out that they actually did, they'll have Hell to pay.
Posted 11/07/09 at 09:45am
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
JDKJ: And I'd tend to rule out the possibilty of FN Herstal supplying restricted ammunition to someone merely because they're ordering it from a military base.
Posted 11/07/09 at 09:37am
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
JDKJ: I know you don't leave your gated community and get around much in dark alleys, so you may be surprised to learn that there's this thing called "the black market" where, if you've got enough money, ain't too much of anything which can't be bought.
Posted 11/07/09 at 09:36am
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Austin_Lewis: Or, maybe he or someone else at the base ordered the SS190 from FN Herstal.
Posted 11/07/09 at 09:32am
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
Austin_Lewis: the hands of private owners. They run about 300 dollars minimum for a box of 50, and boxes of AP 5.7 are extremely scarce, mainly residing in the hands of Class III stores or individuals who for one reason or another got a demo box of it.
Posted 11/07/09 at 09:30am
Austin_Lewis: There are other firearms that fire the 5.7. However, I too would like to know where he got the ammo and what kind was used. Maybe Hasan, planning not to live through this, went out and bought one the boxes of SS190 that are floating around in
Austin_Lewis: There are other firearms that fire the 5.7. However, I too would like to know where he got the ammo and what kind was used. Maybe Hasan, planning not to live through this, went out and bought one the boxes of SS190 that are floating around in
Posted 11/07/09 at 08:44am
JDKJ: And it isn't yet clear what type of ammunition Hasan used. It's strange that he purchased a gun but didn't purchase ammunition for it at the same place and time. Especially because the calibre required is peculiar to the actual gun.
JDKJ: And it isn't yet clear what type of ammunition Hasan used. It's strange that he purchased a gun but didn't purchase ammunition for it at the same place and time. Especially because the calibre required is peculiar to the actual gun.
Posted 11/07/09 at 08:40am
JDKJ: We can sit here all day and debate the relative merits. However, I think the events of recent days suggest that an FN Five-Seven ain't exactly the same as that Daisy BB gun you got for Christmas when you were a kid.
JDKJ: We can sit here all day and debate the relative merits. However, I think the events of recent days suggest that an FN Five-Seven ain't exactly the same as that Daisy BB gun you got for Christmas when you were a kid.
Posted 11/07/09 at 08:38am
Austin_Lewis: JDKJ: tumbling can be quite dangerous. However, the rounds that commonly tumbled were variants of the SS90. Civilian ammo tends to tumble far less commonly.
Austin_Lewis: JDKJ: tumbling can be quite dangerous. However, the rounds that commonly tumbled were variants of the SS90. Civilian ammo tends to tumble far less commonly.
Posted 11/07/09 at 08:33am
JDKJ: I understand that while they don't have much expansion effect, they tend to "yaw" on impact. Yaw can be almost just as damaging as mushrooming.
JDKJ: I understand that while they don't have much expansion effect, they tend to "yaw" on impact. Yaw can be almost just as damaging as mushrooming.
Posted 11/07/09 at 08:30am
Austin_Lewis: JDKJ: Except when one considers the lack of expansion for the 5.7, it basically ends up leaving a far smaller hole.
Austin_Lewis: JDKJ: Except when one considers the lack of expansion for the 5.7, it basically ends up leaving a far smaller hole.
Posted 11/07/09 at 08:29am
JDKJ: But if the latter's travelling at close to twice the speed of the former, there's a compensatory effect on the weight difference.
JDKJ: But if the latter's travelling at close to twice the speed of the former, there's a compensatory effect on the weight difference.
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Comments
Whats the problem with this hot cofee thingy? The game is for people of 17 and up and i doubt a 17 year old will be traumatised by pixels that look like sex.
Did you miss the part where the content wasn't even in the actual game, but was actually a mod? How are we supposed to even pretend that the system isn't corrupt?
Now really did we expect anything better from these lawyers?
I concur with Anon. What 17-year old is going to harmed by seeing that?
@Christian
But don't you see?! these games are marketed to children to corrupt their still developing minds!!!
/Sarcasm
The problem is that the last generation will never understand the adult orientation of games, not until we make up more than 80% of the adult population then we will not be taken seriously by our peers, a crying shame I know, but still it is the case, as a culture we will be scorned until we take over, but you will see that it is beginning to happen all around us, Mayors, Governors, Celebrities, a lot of them are from our stable, so to speak, there are many lessons to be learned from videogames that can be applied in politics and other such walks of life, in that respect I find videogames to be a very important tool in our develpopment as people.
@ Article
This is plain overkill, however it is the unfortunate staple of modern lawyering, the release of the hot coffee mod and the subsequent lie by R* did not do them any good, hot coffee should probably not have been made, or if it had, it should have been part of the game from the get go, it wouldn't affect the American ratings if it was a launch feature I believe, it was the fact that it was added to the game in the months following its release that caused it so much bad press because it was noticed and was heavily publicised.
My general understanding of lawyers is that about 90% of them are lying, cheating scum who will sweet talk you whilst looking you in the face, but under the table he is kicking you in the nadgers. I know of very few lawyers who deserve our respect, anyway, I think the inflation is absurd and this is a problem that should have died out with R*s apology.
The whole deal with replacing the discs upsets me. You don't need your disc replaced, just don't download the freaking mod. It isn't like you can just go ahead and accidentally stumble into the minigame. You have to go out of your way to unlock it. The whole situation was BS, so why should we expect the lawyers to be straightforward?
Short answer to the title: yes, they really did. Don't remember where the old article was but Dennis posted an inside view on exactly what goes down in class action suits. Lawyers always get a lion's share of the profits.
Lawyers being greedy and looking for a big payday?! That's just unheard of!
>_> <_<
OH MY GOD!!! A lawyer inflating his bill by nearly 4000%! I would've NEVER seen that happening!! *sarcasm*
Hunting the shadows of the troubled dreams.
IANAL, but doesn't "cy-pres" mean that the court altered the original settlement? It was for $1,000,000, and they couldn't figure out how to reasonably distribute that to people who had no "real" claims anyway? So instead of giving plaintiffs more than they deserve, they send the remainder after "semi-reasonable" claims are settled to a couple of not-for-profit orgs?
I think the judge should award the legal fees based on ACTUAL damages paid out, and not count the "leftovers"...
I also think that the "donation" should come with a stipulation that it all go towards an ad campaign education parents about paying attention to what their kids are doing. Afterall, just because it's illegal to sell porn to a kid, doesn't mean they won't get ahold of it. Occasionally, it's necessary to talk to your kids...
-- If your wiimote goes snicker-snack, check your wrist-strap...
Is the Miami moron involved in this one too?
-kurisu7885
No this isn't his sort of case. He gets his hard on from cases where people died.
E. Zachary Knight
www.editorialgames.com
Quick fix: "tha" to "the"
"Apparently, as part of the settlement, Take-Two may wind up donating $870,000 to the ESRB and tha National PTA."
Actually, it wouldn't surprise me if the PTA was trying to project a new "urban" image to fit in with the cool kids. Check it out, y'all, tha PTA is all up in this gymnasiuuuuum!!
---
The Mammon Industry
Isn't that what those class action lawyers do? People are awarded stuff like 5 dollar rebates, and the lawyers take off will millions.
Yeah, reminds me of the iomega class action suit, you basically got a discount towards yet another faulty zip/jaz/etc drive to eat your disks & lose your data AGAIN!
Of course, that defect seriously cost lots of people time & money, while this case.... Well, I doubt there was much of a "class action" other then just those lawyers and a few morons stupid enough to get upset over this.
It wouldn't surprise me if most of those claims were from gamers trying to get some easy cash, just look at tiers 1 & 4! Easy money for something with "no exchange required."
This kind of makes me want to be a lawyer. I mean, this can't be an isolated incident. I'm sure this kind of crap is more common than not, and the pay is epic to begin with...
Then again, I do enjoy having a soul....
Basically, Rockstar originally made a minigame for GTA:SA which quite obviously wasn't intended to be in the final release. They disabled the code and made it unaccessible without altering the code. Someone discovered the code and released a mod to activate. The problem was that the minigame was sexual in nature. People freaked, people lied, people got sued, ect.
The entire situation was a waste of time because you have to go out of your way to activate it, which breaks the terms and conditions since it alters the code. Legally, Rockstar should have been in the clear, but that never stops anyone.
They're lawyers.
Therefore, by definition, they're cocksuckers.