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

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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 

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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.

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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

 
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prh99Portlandia, though I don't watch a lot of sitcoms. Heard it was good though.09/15/2014 - 8:02pm
E. Zachary KnightSitcom recommendations for someone who like Parks and Rec but hates The Office: Go.09/15/2014 - 6:08pm
NeenekoEven if they do change their policy, they can only do it moving forward and I could see the mod/pack community simply branching.09/15/2014 - 12:50pm
Michael ChandraAs for take the money and run, the guy must have a networth of 8~9 digits already.09/15/2014 - 10:33am
Michael ChandraMe, I'm more betting on some form of mod API where servers must run donations/payments through them and they take a cut.09/15/2014 - 10:32am
Michael ChandraEspecially since they want it for promoting their phones. Killing user interest is the dumbest move to make.09/15/2014 - 10:32am
Michael ChandraGiven how the EULA actively allows for LPs, I'm not sure Microsoft is ready for the backlash of disallowing that.09/15/2014 - 10:31am
Matthew Wilsonthey wont do that, the backlash would be too big.09/15/2014 - 10:25am
ConsterSleaker: how is that a flipside? Sounds to me like that's basically what Notch himself said, except rudely.09/15/2014 - 10:18am
MaskedPixelanteOn the plus side, no more lazy Minecraft LPs, since iirc Microsoft has a strict "no monetization period" policy when it comes to their stuff.09/15/2014 - 10:13am
james_fudgeBut it continues to sell on every platform it is on, so there's that09/15/2014 - 10:09am
james_fudgeOh, well that's another matter :)09/15/2014 - 10:08am
E. Zachary KnightNothing against Notch here. I think it is great that he made something so cool. I just can't understand how it is worth $2.5 bil09/15/2014 - 9:59am
InfophileWhat a world we live in: Becoming a billionaire was the easy way out for Notch.09/15/2014 - 9:42am
james_fudgelots of hate for Notch here. I don't get it. Sorry he made a game everyone loved. What a monster he is!09/15/2014 - 9:37am
SleakerOn the flipside, Notch has been a horrible CEO for Mojang, and the company has grown on sheer inertia, DESPITE being mishandled over and over.09/15/2014 - 9:33am
SleakerI can understand Notch's statements he made to Kotaku about growing bigger than he intended, and getting hate for EULA changes he didn't enact.09/15/2014 - 9:32am
MaskedPixelantehttp://pastebin.com/n1qTeikM Notch's statement about the MS acquisition. He wanted out for a long time and this was the easiest way.09/15/2014 - 9:08am
ConsterEh, I can't blame him.09/15/2014 - 9:01am
IanCNotch has left Mojang. Classic take the money and run situation.09/15/2014 - 8:57am
 

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