Judge Pops a Cap in Hot Coffee Class-Action Settlement
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...
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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
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
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To me, justice is those hoping to profit off the scare getting nothing.
No, you can't have millions of dollars in legal fees. Not yours.
This ruling should have been made a year ago.
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.
Finally, someone with some common sense gets involved.
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
"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. :)
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..
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.
"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.
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!
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
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...
Yeah I'm real sure those 3,000 jackasses were reeeeaaal offended by it @_@
We need that list of idiots who tried to sue T2 -- my cousing Niko Bellic will know what to do with them!
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.
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.
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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