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...
A PUBLICATION OF THE ECA
SUBSCRIBE
LOGINGamePolitics ShoutBox
Posted 01/06/09 at 01:03am
SimonBob: US Army testing Calgary "Booze Cruise" game -- http://snipurl.com/9ivi7 [CBC]
SimonBob: US Army testing Calgary "Booze Cruise" game -- http://snipurl.com/9ivi7 [CBC]
Posted 01/06/09 at 12:24am
barra_sadei: There's a difference between "rightfully seizing land and "stealing land." The first deals with buying it, and the second with gaining it through war.
barra_sadei: There's a difference between "rightfully seizing land and "stealing land." The first deals with buying it, and the second with gaining it through war.
Posted 01/05/09 at 10:09pm
Neeneko: Heh. Trying to simplify the israely/palistinaint conflict into shout boxes.....
Neeneko: Heh. Trying to simplify the israely/palistinaint conflict into shout boxes.....
Posted 01/05/09 at 10:02pm
Derovius: How is Hamas a rebel faction? Its their government. The Israeli's laided claim to land thats not theirs, and shooting ensued. If Mexico marched its army across the border into the US, said "Nice land, I'll take it", how fast would the US start shooting?
Derovius: How is Hamas a rebel faction? Its their government. The Israeli's laided claim to land thats not theirs, and shooting ensued. If Mexico marched its army across the border into the US, said "Nice land, I'll take it", how fast would the US start shooting?
Posted 01/05/09 at 09:51pm
Austin_Lewis: Israel has been 'taking it' for 20 years, at least a rocket or mortar everyday.
Austin_Lewis: Israel has been 'taking it' for 20 years, at least a rocket or mortar everyday.
Posted 01/05/09 at 09:18pm
JustChris: Army of a sovereign nation versus smallish rebel groups, and people are complaining that the former is utterly destroying the latter? Don't bring it if you can't take it.
JustChris: Army of a sovereign nation versus smallish rebel groups, and people are complaining that the former is utterly destroying the latter? Don't bring it if you can't take it.
Posted 01/05/09 at 08:28pm
JDKJ: @SDD: Fair enough.
JDKJ: @SDD: Fair enough.
Posted 01/05/09 at 07:17pm
Austin_Lewis: @Zippy: 1) Way too many gundam shows. 2) I don't care about the rest, just Hamas in palestine.
Austin_Lewis: @Zippy: 1) Way too many gundam shows. 2) I don't care about the rest, just Hamas in palestine.
Posted 01/05/09 at 07:15pm
ZippyDSMlee: Austin_Lewis:You should enjoy Gundam00 themid east antions are getting wiped out one by one.
ZippyDSMlee: Austin_Lewis:You should enjoy Gundam00 themid east antions are getting wiped out one by one.
Posted 01/05/09 at 07:06pm
Shadow D. Darkman: @JDKJ: Sorry, but I'm not in this.
Shadow D. Darkman: @JDKJ: Sorry, but I'm not in this.
Posted 01/05/09 at 06:40pm
JDKJ: This is one of those weird cases where I'm actually hoping that Shadow will appear, face in palm.
JDKJ: This is one of those weird cases where I'm actually hoping that Shadow will appear, face in palm.
Posted 01/05/09 at 04:58pm
Austin_Lewis: Actually, I hate hamas. Mainly because, you know, they're dicks. Of course, if you want to hang out with terrorists, go for it
Austin_Lewis: Actually, I hate hamas. Mainly because, you know, they're dicks. Of course, if you want to hang out with terrorists, go for it
Posted 01/05/09 at 04:57pm
Derovius: Well, according to your response you only hate Muslims. So instead being an utter douchebag, you're only a complete douchebag.
Derovius: Well, according to your response you only hate Muslims. So instead being an utter douchebag, you're only a complete douchebag.
Posted 01/05/09 at 04:53pm
Austin_Lewis: Of course, I enjoy your suggestion that I hate Jews AND Muslims.
Austin_Lewis: Of course, I enjoy your suggestion that I hate Jews AND Muslims.
Posted 01/05/09 at 04:52pm
Austin_Lewis: Actually, I'm just glad to see the Palestinians getting a bit of pay back for 20 years of rockets into Israel everyday.
Austin_Lewis: Actually, I'm just glad to see the Palestinians getting a bit of pay back for 20 years of rockets into Israel everyday.
Posted 01/05/09 at 04:35pm
Derovius: You should be happy Lewis, the two groups of people you hate are killing each other.
Derovius: You should be happy Lewis, the two groups of people you hate are killing each other.
Posted 01/05/09 at 04:16pm
Austin_Lewis: Slow news day today, eh? Oh well, at least Palestine is getting pounded by Israel. Here's hoping for some real news tomorrow.
Austin_Lewis: Slow news day today, eh? Oh well, at least Palestine is getting pounded by Israel. Here's hoping for some real news tomorrow.
Posted 01/05/09 at 03:19pm
black manta: ...get on that one BTW. One of the characters is a naked blue man whose willy is very visible!
black manta: ...get on that one BTW. One of the characters is a naked blue man whose willy is very visible!
Posted 01/05/09 at 03:18pm
black manta: I said in one of my comments that Jack's lates filing has even less merit than Fox's dispute over The Watchmen. Jack should
black manta: I said in one of my comments that Jack's lates filing has even less merit than Fox's dispute over The Watchmen. Jack should
Posted 01/05/09 at 03:17pm
JDKJ: But at least it ain't like copyrighted material. It's 1000 times easier to rip off a copyright than it is a patent.
JDKJ: But at least it ain't like copyrighted material. It's 1000 times easier to rip off a copyright than it is a patent.
Copyright © 2007 ECA. All rights reserved.
Game Politics and Game Politics logo are trademarks of the ECA.
Game Politics and Game Politics logo are trademarks of the ECA.
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
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
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.