ESA Seeks Legal Fees for Brown v. EMA from California

July 25, 2011 -

The Entertainment Software Association (ESA) is seeking $1.1 million in legal fees from California for its work related to Brown v. EMA. The move is not an unfamiliar one for the trade group, who has successfully sued and won fees in the lower courts in states throughout the country (notably Louisiana, Michigan, and Illinois), but this is a first at the highest level of the U.S. court system.

"It's unfortunate that some officials continue to believe that unconstitutional laws are the answer, when time and time again courts have thrown out these bills and proven them to be a waste of taxpayers' dollars," the ESA said in a statement... four years ago. Hopefully California's government will listen after this expensive lesson in constitutional law.

SCOTUS Blog has an excellent analysis of the challenges the ESA may face in collecting the fees it wants at this level and what precedents it could set for the future of lawsuits. You can read all that here. Below is the most interesting part:

"Presumably, the Supreme Court has the authority to order a fee shift, or to pass the motion down to the Ninth Circuit Court or the District Court to consider. It is unknown whether the fact that the Supreme Court agreed to hear the state’s appeal — something it had the discretion not to do — would play a part in its consideration of the motion.

Because the Supreme Court seldom is asked to shift fees in cases before it, the Justices may be a bit surprised at how high those fees can go when well-compensated, experienced lawyers are involved, and bring with them a sizeable team of associates. Lower courts, of course, routinely are faced with often pricey fee requests."

Source: Ars Technica


Comments

Re: ESA Seeks Legal Fees for Brown v. EMA from California

This state is broke anyways. The other 49 and Guam will bail us out.

 

Which sucks since I've tried everything I can to get hack politicians out of office in this state. Hell it's insanity that people didn't want a "3rd Arnold term" yet they elected Moonbeam for a 3rd time.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Interestingly, the amount that the ESA and EMA is seeking is just over three times the total amount of legal fees they've won from California after the District Court and Ninth Circuit Court of Appeals combined(about $370,000 total) and more than double what Illinois paid($510,000).

California brought it on themselves. Shame that the legislators that voted for the bill won't have the money docked from their salaries, although I feel that them, former governor Arnold Schwarzenegger, current governor Jerry Brown(attorney general at the time), and Leland Yee should each pay an equal 25% of that $1.1 million.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

I personally think the Ethics committee should investigate Mr. Yee for this disaster. I have a hunch he knew that the law was unconstitutional, but just didn't care. I hope they do investigate him and recommend ousting his sorry butt from California politics, therefore disqualifying him from the mayoral election he's trying to enter.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Its hard for me. I'm not paying California taxes, but I feel for those who live there. If they win this I hope that Yee actually has to explain it in a future election while explaining how they can't afford welfare and medicaid. Though the issue will probably never come up.

-Austin from Oregon

Feel free to check out my blog.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Good. I hope the ESA wins this as well. Its even more california taxpayer money that yee wasted on his stupid law.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

.....although, it should really be coming out of HIS pocket. Not the poor taxpayers who really had nothing to do with it and were probably against the law as well. poor bastards

Re: ESA Seeks Legal Fees for Brown v. EMA from California

I'm sure a lot of the money in his pocket is from the taxpayers anyways.
 
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IronPatriotbenohawk, TotalBiscuit is a totalLIAR and decided to be part of the gamergate problem.08/03/2015 - 4:27pm
IronPatriotbenohawk, here are some of TotalBiscuit's totalLIES against gamergate victims: https://medium.com/@SvizraLion/everything-totalbiscuit-got-wrong-in-way-too-many-words-4df407e8113c08/03/2015 - 4:27pm
IronPatriotbenohawk, TotalBiscuit claims he's against harassment, but he joined a movement created for harassment and told inflammatory lies about the victims of gamergate.08/03/2015 - 4:25pm
IronPatriotbenohawk, TotalBiscuit told massive lies about gamergate victims like Sarkeesian. What difference does it make if one side of his mouth says he's against harassment when he joins a movement created for harassment?08/03/2015 - 4:23pm
Big PermIn the end, I can respect it being their tournament with their rules.08/03/2015 - 3:58pm
Andrew EisenHell, I don't like a lot of character designs/costumes but I don't believe I've ever actually been upset by one.08/03/2015 - 3:58pm
Andrew EisenMatthew - There are always people upset with every character design in existence. So? You can't please everyone.08/03/2015 - 3:57pm
Andrew EisenI think it was more an attempt for everyone else to take it seriously. Either way, it was just a suggested option for tournament organizers.08/03/2015 - 3:56pm
Big PermI can't imagine a DoA tournament existed beforehand to showcase the boob physics. I'd think it was already taken seriously by the people who play it08/03/2015 - 3:55pm
Andrew EisenYeah, I remember the "let's suggest an optional restrict certain outfits from Dead or Alive tournament play to encourage people to take the game seriously and focus on the gameplay." That should have nothing to do with DOAX3 localization decisions though.08/03/2015 - 3:54pm
Big PermProbably just twitter drama then. I don't remember game sites being surprised DoA had bouncing boobs08/03/2015 - 3:53pm
Matthew Wilsonin any case people who want it can just import it, unlike Nintendo, the ps4 isnt region locked08/03/2015 - 3:53pm
Matthew Wilsonthe costumes stuff I am ok with. its their tourament, but people were getting upset by the disgin of the characters08/03/2015 - 3:51pm
Matthew Wilsonthat was a difrent more recent one.08/03/2015 - 3:49pm
benohawkI don't remember the exact game and tourney, but Matt and Perm are right that they tried to ban dome female costumes from a tournament a few months ago08/03/2015 - 3:49pm
Big PermLink to community forums that have tournament rules http://www.freestepdodge.com/threads/fsd-doa-tournament-standard-rules.156/08/03/2015 - 3:48pm
Matthew WilsonI belive it was dead or alive08/03/2015 - 3:48pm
Andrew EisenWho was getting upset by how the females looked in what?08/03/2015 - 3:46pm
Matthew WilsonIt may have been a difrent fighting game, but it did happen.08/03/2015 - 3:46pm
Matthew Wilsonpeople were getting upset by how some of the females looked.08/03/2015 - 3:45pm
 

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