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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MechaTama31AE: Probably snarky commentary on this: http://www.gamepolitics.com/2014/08/29/principle-player-leland-yee-arms-trading-case-dies08/30/2014 - 8:43pm
Andrew EisenConster - Don't know. Got a link to whatever you're referring to?08/30/2014 - 7:04pm
ConsterWait, what's this about Leland Yee eliminating witnesses?08/30/2014 - 5:50pm
IanCBroke my EA boycott to pick up Plants vs Zombies Garden Warfare. Loving it. Still hate EA though. But i like Popcap. Gah.08/30/2014 - 6:01am
MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
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E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
 

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