Judge Pops a Cap in Hot Coffee Class-Action Settlement

July 31, 2008 -

So you handled all the killing and thuggery in GTA San Andreas but found yourself traumatized by the hidden, pixelated sex?

Don't spend your Hot Coffee lawsuit settlement money just yet.

The New York Times reports that the Hot Coffee class-action lawsuit, which was nearing settlement, has been tossed by a federal judge:

...Judge Shirley Wohl Kram wrote that purchasers of the game could not be lumped together in a class action. The claims of members of the proposed class would be affected by the law in each purchaser’s home state, Judge Kram wrote, and therefore could not be resolved in a single proceeding in federal court in New York.

 

“Accordingly, the court decertifies the settlement class on the grounds that common issues do not predominate over individualized issues,” the judge wrote.

 

The judge’s latest decision undermines a settlement agreement reached between lawyers for purchasers of the game who contended they were offended by the hidden scenes, on the one hand, and lawyers for the game’s makers, Take-Two Interactive Software and Rockstar Games.

The NY Times notes that less than 3,000 GTA San Andreas buyers had applied to join the lawsuit. The paper had previously questioned the size of the plaintiffs' legal fees in the case. Meanwhile, attorney Ted Frank of Overlawyered writes:

Take Two spent millions negotiating and administering a settlement because the court refused to rule on its decertification motion last year; that wasted effort demonstrates why it is important for courts to resolve certification questions early in the case. But with no certified class, there can be no class settlement...

Frank, who joined the class and filed objections to the proposed settlement, wonders whether there will be an appeal.

The judge's ruling may be found here...


Comments

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

   thank you

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Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

 ı am a little relieved to see this handed down though.  Better late than never.  www.stellarrentacar.com 

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Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Always interesting to read comments here. You guys are pretty darn smart I must say! Ug. I should have done better in school.

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Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it's due to his crappy leadership and E3 being a joke. ESA's Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there's no one left on the Board.

Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.

 

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

I reckon Take 2 should sue consumers for their money back. Give those litigious moronic yanks who applied, a taste of their own medicine... as I wait for fallout 3 LOL.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

We need that list of idiots who tried to sue T2 -- my cousing Niko Bellic will know what to do with them!

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Yeah I'm real sure those 3,000 jackasses were reeeeaaal offended by it @_@

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

So the 3,000 people got about as much as they would have and the lawyers also get nothing? awesome.

Hope T2 can get their legal fees back...

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

So what you're telling us is that nothing at all has happened as a result of the incident that was declared, by at least one individual, as the end of the entire gaming industry?

Awesome.

 

-"A fanatic is one who can't change his mind and won't change the subject." -Sir Winston Churchill

-"A fanatic is one who can't change his mind and won't change the subject." -Sir Winston Churchill

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

I walked in on someone accessing this content.  I did not go out of my way to access it.  I found myself aroused yet offended at the same time.  I am no longer turned on by my wife because I can't get the scene out of my head.   My marriage is ruined!   

 

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

"Well, if the suit is dropped, T2 can move to be declared the victor with prejudice and ask for legal fees. "

Not in the United States they can't.  T2 is left holding the bag for those costs.  Support tort reform.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

It's about damn time.

This whole entire lawsuit was just a big scam anyway. The lawyers would have been the only ones to really benefit significantly from it.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

It would be nice, then the greedy bastards would have a taste of their own medicine. It'd be nice if the side that brought upon a lawsuit always had to pay the legal fees of the loser if they (the plaintiff) lost..

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

"Would love to see the legal firms and folks that put this nonsense lawsuit up pay out of pocket for the millions T2 had to invest into a defense against a bogus lawsuit."

That would be fantastic. :)

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Well, if the suit is dropped, T2 can move to be declared the victor with prejudice and ask for legal fees.  Would love to see the legal firms and folks that put this nonsense lawsuit up pay out of pocket for the millions T2 had to invest into a defense against a bogus lawsuit.  Hell, I would even point out that the plaintiffs were trying to do some court-shopping by having NY court be the battleground for the entire nation.  I am a little relieved to see this handed down though.  Better late than never.

To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful. Edward R. Murrow

To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful. Edward R. Murrow

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Finally, someone with some common sense gets involved.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

These guys deserve to lose every penny they can on this lawsuit for trying to sue over something you have to go out of your way to get to.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

No, you can't have millions of dollars in legal fees.  Not yours.

This ruling should have been made a year ago.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

To me, justice is those hoping to profit off the scare getting nothing.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Good. It was a stupid lawsuit anyway.

Defendant: I went out of my way to hack my console and my gmae disk to access this content and I was offended by what I sought to find.

E. Zachary Knight
http://www.editorialgames.com
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

 
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Mattsworknamegamergate or any part of that movment. My biggest issues have always been more about my views on the idustry on a personal level rather then any affilication with GG.06/30/2015 - 9:50am
MattsworknameI only really every had any interest in the GG stuff when they were going in about the media and stuff and the whole "Gamers are Dead" junk. As a general rule, whatever issues I had with various groups was more my own issues, not anything specific with06/30/2015 - 9:49am
Andrew EisenI'm still trying to figure out where anyone is getting the idea violent content or lousy representation of women and minorities in video games shouldn't exist or be promoted.06/30/2015 - 9:25am
james_fudgeWell, members of GP first, members of GG second, I always say.06/30/2015 - 9:06am
black mantaConsidering it's only you and Mattsworkname that have been carrying the banner for it here, that pretty much testifies to how little influence they have. Most everyone else here couldn't care less.06/30/2015 - 8:54am
black mantaAgain GG is more like Occupy Wall Street than the Tea Party movement. They had their moment, but they fizzled out. And now exist more as a nebulous thing spouting ideas. They haven't achieved anything meaningful.06/30/2015 - 8:52am
black mantaAs sincere as your beliefs may be, the movement is still rife with bigots and misogynists.06/30/2015 - 8:51am
black mantaI'm sure you're heart's in the right place, Goth. But it doesn't excuse the behavior of GG's members towards the people they don't like.06/30/2015 - 8:50am
MattsworknameWow goth, write a novel why dont cha. Seriously I know you have a passion for this stuff, but wow, thats kinda overkill.06/30/2015 - 8:46am
james_fudgeI hereby dub this space the Mainifesto Box (tm)06/30/2015 - 8:34am
Infophile13 shouts in total by Goth in a row. I think I'm to blame here. If I'd read the Breitbart link when he'd posted it, maybe he wouldn't have felt the need to say everything here.06/30/2015 - 8:27am
E. Zachary KnightI go away for one night and Goth writes his Gamergate manifesto in the shoutbox.06/30/2015 - 8:15am
james_fudgeI blame Andrew for this.06/30/2015 - 8:10am
Goth_SkunkAnd at long last, I think I'm finally done.06/30/2015 - 3:08am
Goth_SkunkAnd if those progressive games fail to make any headway in the market, don't blame gamer culture for not being cultured enough to appreciate the product. Own up to the fact that the game either sucks, is not interesting, or both.06/30/2015 - 3:06am
Goth_Skunknor suggest that the games industry and culture is rife with toxicity because of it and needs to change for the good of the medium. There is room in the market for progressive games to co-exist with games like Hatred, not replace them outright.06/30/2015 - 3:04am
Goth_SkunkAnd if the overly violent content of most AAA games or the perceived mistreatment of women in such games bothers one, by all means criticize it, but do not under any circumstances suggest that it such content shouldn't exist or be promoted,06/30/2015 - 3:02am
Goth_SkunkGames, for the most part, let you do this! You can be the man or woman you're not. You can escape reality and immerse yourself in the experience. And that's wonderful! I play as female characters all the time in games I play, when the option is available.06/30/2015 - 2:59am
Goth_SkunkA choice that nature denied transgender people at birth! People don't undergo gender reassignment because they want to be transgender; they undergo gender reassignment because they want to be the gender they identify with!06/30/2015 - 2:52am
Goth_SkunkBut I think it gets silly when people start asking for the ability to play as a transgender protagonist. I mean, why would one do that? One usually has the option to create a character that's either a man or a woman, gay or straight. You have the choice!06/30/2015 - 2:50am
 

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