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...


Comments

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

   thank you

12345

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

 ı am a little relieved to see this handed down though.  Better late than never.  www.stellarrentacar.com 

12345

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Always interesting to read comments here. You guys are pretty darn smart I must say! Ug. I should have done better in school.

My sites Vancover Vancouver Apartments Cheap Tel Domain

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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.

 

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

We need that list of idiots who tried to sue T2 -- my cousing Niko Bellic will know what to do with them!

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Yeah I'm real sure those 3,000 jackasses were reeeeaaal offended by it @_@

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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...

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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

-"A fanatic is one who can't change his mind and won't change the subject." -Sir Winston Churchill

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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!   

 

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

"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.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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..

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

"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. :)

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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

To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful. Edward R. Murrow

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

Finally, someone with some common sense gets involved.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

No, you can't have millions of dollars in legal fees.  Not yours.

This ruling should have been made a year ago.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

To me, justice is those hoping to profit off the scare getting nothing.

Re: Judge Pops a Cap in Hot Coffee Class-Action Settlement

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

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
MaskedPixelantehttp://steamcommunity.com/app/251150/discussions/0/43099722329318860/ In this thread: Idiots who don't understand how licensing works.07/29/2014 - 9:20am
MaskedPixelantehttp://www.joystiq.com/2014/07/28/gaymerx-in-dire-straits-after-nis-america-allegedly-backs-out-of/ NISA backs out of GaymerX support, but it seems like the only people crying foul are GaymerX.07/29/2014 - 6:30am
Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
Papa Midnight"Love Child" on HBO -- anyone else watching this?07/28/2014 - 9:27pm
MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
MaskedPixelanteOK, so my brief research looking at GameFAQs forums (protip, don't do that if you wish to keep your sanity intact.), the 3DS doesn't have the power to run anything more powerful than the NES/GBC/GG AND run the 3DS system in the background.07/28/2014 - 11:01am
ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
MaskedPixelanteSomething, something, the 3DS can't properly emulate GBA games and it was a massive struggle to get the ambassador games running properly.07/27/2014 - 8:06pm
Andrew EisenIdeally, you'd be able to play such games on either platform but until that time, I think Nintendo's using the exclusivity in an attempt to further drive Wii U sales.07/27/2014 - 7:21pm
 

Be Heard - Contact Your Politician