Comments on: Grand Theft Auto: Class Action – The Frank Brief

By: Grand Theft Auto: Class Action - the denouement

Grand Theft Auto: Class Action - the denouement — Fri, 01 Aug 2008 00:30:31 +0000

[…] The court decertified the class (via NY Times Bits Blog and a phone-call from Jonathan Glater) based on the Second Circuit precedent of McLaughlin v. American Tobacco Company, which was decided after the settlement in November. As I suggested last month, I think McLaughlin would certainly preclude a litigation class of the GTA claims, but the court’s decision may be an aggressive use of the precedent by the court to decertify the settlement class, where the certification standards are looser because there is no need to demonstrate that a class would be superior to individual litigation. 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, and the court does not need to directly reach the issues in my brief. […]

By: Grand Theft Auto: Class Action - the argument

Grand Theft Auto: Class Action - the argument — Fri, 27 Jun 2008 00:18:01 +0000

[…] All of these were raised in my brief. […]

By: Law Blog - WSJ.com : Tort Reformer Seeks to Scuttle Settlement in Video Game Sex Suit

Wed, 25 Jun 2008 21:00:50 +0000

[…] they brought a meritless lawsuit that had no business being brought to court at all.? Frank is seeking to quash the […]

By: Class Action Blogosphere Weekly Review « ClassActionBlawg.com

Class Action Blogosphere Weekly Review « ClassActionBlawg.com — Wed, 11 Jun 2008 04:52:54 +0000

[…] http://overlawyered.com/2008/06/grand-theft-auto-class-action-the-frank-brief/ […]

By: matt

matt — Sun, 08 Jun 2008 12:54:56 +0000

well like i said gta was so widely availible when it came out try looking up games like persona 3 (not fes) or earthbound, the rare gems (to be honest gta isnt considered that great of a series, i know its sells pretty well but there are better games out there than gta 4) to each his own though

By: Ted Frank

Ted Frank — Sun, 08 Jun 2008 11:19:32 +0000

If people wanted to play GTA:SA, Ebay sellers would be able to sell copies for $1.99. They aren’t.

By: matt

matt — Sun, 08 Jun 2008 03:34:32 +0000

if i may just say one thing about the brief. you claim that no one plays old games thats not true, the difference is that these old games are usually rare to find and no sequels ever were released(i know this has no basis in your brief and as a matter of law its useless)but i just thought you might like to know

By: KRS

KRS — Sun, 08 Jun 2008 01:14:26 +0000

You are my hero… for the moment at least. Good luck.

By: Hikaru Katayamma

Hikaru Katayamma — Sat, 07 Jun 2008 04:01:58 +0000

I’d buy that for a dollar!

By: Jason Barney

Jason Barney — Sat, 07 Jun 2008 00:07:37 +0000

Ted, that’s an awesome objection and reveals this litigation for the sham it really is.

Perhaps you should consider setting up a PayPal micro-donation mechanism so people can help offset your costs resisting this dumb litigation. I’d donate.