Archive for April, 2008

Grand Theft Auto: Class Action Objection II

I never thought I’d be involved in a hot-coffee lawsuit, but Gamepolitics covers my intervention and objection to the Grand Theft Auto: San Andreas class action settlement, which I predicted before the suit was even filed.

(I corrected a mistake in the earlier post; I said I purchased GTA:SA for the Xbox 360 when, of course, I purchased it for the Xbox. Fortunately, my affidavit to the court was correctly phrased.)

April 29 roundup

  • “Dog owners in Switzerland will have to pass a test to prove they can control and care for their animal, or risk losing it, the Swiss government said yesterday.” [Daily Telegraph]
  • 72-year-old mom visits daughter’s Southport, Ct. home, falls down stairs searching for bathroom at night, sues daughter for lack of night light, law firm boasts of her $2.475 million win on its website [Casper & deToledo, scroll to “Jeremy C. Virgil”]
  • Can’t possibly be right: “Every American enjoys a constitutional right to sue any other American in a West Virginia court” [W.V. Record]
  • Video contest for best spoof personal injury attorney ads [Sick of Lawsuits; YouTube]
  • Good profile of Kathleen Seidel, courageous blogger nemesis of autism/vaccine litigation [Concord Monitor*, Orac]. Plus: all three White House hopefuls now pander to anti-vaxers, Dems having matched McCain [Orac]
  • One dollar for every defamed Chinese person amounts to a mighty big lawsuit demand against CNN anchor Jack Cafferty [NYDN link now dead; Independent (U.K.)]
  • Hapless Ben Stein whipped up one side of the street [Salmon on financial regulation] and down the other [Derbyshire on creationism]
  • If only Weimar Germany had Canada-style hate-speech laws to prevent the rise of — wait, you mean they did? [Steyn/Maclean’s] Plus: unlawful in Alberta to expose a person to contempt based on his “source of income” [Levant quoting sec. 3 (1)(b) of Human Rights Law]
  • Hey, these coupon settlements are giving all of us class action lawyers a bad name [Leviant/The Complex Litigator]
  • Because patent law is bad enough all by itself? D.C. Circuit tosses out FTC’s antitrust ruling against Rambus [GrokLaw; earlier]
  • “The fell attorney prowls for prey” — who wrote that line, and about which city? [four years ago on Overlawyered]

*Okay, one flaw in the profile: If Prof. Irving Gottesman compares Seidel to Erin Brockovich he probably doesn’t know much about Brockovich.

Grand Theft Auto roundup

Grand Theft Auto IV debuts at midnight tonight to spectacular reviews, and the litigation is sure to follow…

  • Overlawyered favorite Jack Thompson (Mar. 21; Feb. 22; Sep. 27, etc., etc.), whose antics could fill an entire sub-blog, has sent an obnoxious letter to the mother of Rockstar’s boss, Strauss Zelnick, accusing it of being pornography and training for murder. A new book, Grand Theft Childhood, as documented by WaPo’s Mike Musgrave, suggests that the fears of corrupted childhood are overblown, though Lord knows I wouldn’t let any teenage kids I was responsible for play this game.
  • As someone who purchased Grand Theft Auto:San Andreas the first day it was out for the Xbox 360 original Xbox, I am a member of a plaintiff class in a class action settlement over the Hot Coffee mod where players can access the Internet and voluntarily modify the game to make it slightly more offensive to the easily offended. (To imagine that one can find p0rnography on the Internet!) In the settlement, I get, well, nothing, and the attorneys will ask for about a million dollars; worse, individual “representative” class members who suffered no injury will get $5000 that could have been used to buy more music rights for Grand Theft Auto IV. We’re frequently asked what we can do if we’re unhappy with a class action settlement where we’re a member, but this settlement was sufficiently appalling that I actually retained an attorney and he served an objection on my behalf on Friday. Further updates to come.

Update: I incorrectly said I bought San Andreas for the Xbox 360. Of course, San Andreas was never available for the 360. I bought the June 2005 release for the original Xbox.

Update: More.

Update: court nixes “Deal or No Deal” lawsuit

Updating a Feb. 28 post:

The Supreme Court of Georgia has said “no deal” to a team of Columbus lawyers representing a proposed class of people seeking to recover money they spent participating in a feature of the NBC hit show “Deal or No Deal.”

The suit filed in federal court had contended that the Lucky Case Game — in which viewers, like the contestants on “Deal or No Deal,” try to pick a lucky suitcase — ran afoul of Georgia law because participants were charged 99 cents to play through their cell phones. The plaintiffs based their suit on a colonial-era Georgia statute that allows gamblers to recover their losses through lawsuits.

(Alyson M. Palmer, “Luck Runs Dry for ‘Deal’ Plaintiffs in Lawsuit Against NBC”, Fulton County Daily Report, Apr. 22).

Broderick Lloyd Laswell suit: I’m only getting 3000 calories a day

413-pound Broderick Lloyd Laswell was arrested for robbing and murdering Randy Walker and setting Walker’s trailer home on fire, and has been kept in an Arkansas jail cell awaiting a capital trial. Eight months later, he’s down to 308 pounds, but he’s not grateful for the diet, and has sued for “hot meals” and more consistent portions. [AP/Arkansas Online, Apr. 27; Northwest Arkansas Morning News, Apr. 25 via ABA blog] Needless to say, the blogosphere isn’t impressed. (Update: Smoking Gun has court documents and mug shots.)

Staggered sports schedules: and then came the bill

We’ve reported before (Dec. 24-27, 2001; May 7, 2005; parallel case in New York, Jul. 10, 2004) on the lawsuit charging Michigan high school sports directors with sex discrimination for scheduling girls’ sports in different seasons than boys’. Such cases are subject to “one-way” attorney fee shifting (plaintiffs collect if they win, but need not fear paying if they lose) and the rules for fee calculations are generous. Now the judge has approved a plaintiff’s fee that the athletic directors’ association say threatens to push their group into bankruptcy; opponents say it’s their own fault for resisting so long. Nearly $3 million in fees plus interest are set to go to Kristen Galles, a solo practitioner in Alexandria, Va., whose large number of billed hours at $390/hour may relate to her having worked without a paralegal or secretary. (Julie Mack, “Michigan High School Athletic Association owes $7.4 million in legal fees, interest to lawyers who won case to change the girls sports season”, Kalamazoo Gazette, Apr. 21)(via ABA Journal); “Athletic Group Ordered To Pay $7M”, AP/LexisOne, Apr. 2).

The right to be poisoned, cont’d

Another case, this time from Brooklyn, about how it’s terribly discriminatory and wrong and just plain mean for a landlord not to want to rent to a family with small kids on the grounds that old lead paint, dangerous to small kids, can be found on the premises. (Andy Newman, “Couple’s Suit Accuses Real Estate Firm of Bias Against Children”, New York Times, Apr. 25). For a similar case from Baltimore, see Nov. 30, 2000.

Organize neighbors on a local political issue…

… and violate campaign-finance law:

Parker North is a cluster of about 300 houses close to the town of Parker. When two residents proposed a vote on annexation of their subdivision to Parker, six others began trying to persuade the rest to oppose annexation. They printed lawn signs and fliers, started an online discussion group and canvassed neighbors, little knowing that they were provoking Colorado’s speech police.

One proponent of annexation sued them. This tactic — wielding campaign finance regulations to suppress opponents’ speech — is common in the America of the McCain-Feingold campaign finance law. The complaint did not just threaten the Parker Six for any “illegal activities.” It also said that anyone who had contacted them or received a lawn sign might be subjected to “investigation, scrutinization and sanctions for campaign finance violations.”

(George Will, “The Speech Police Tackle a Subdivision”, syndicated/Washington Post, Apr. 27).