Judge Pops a Cap in Hot Coffee Class-Action Settlement

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

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  1. 0
    oto kirlama says:

    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.


  2. 0
    Anonymous says:

    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.

  3. 0
    Jack Wessels says:

    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?



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

  4. 0
    Anonymous says:

    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!   


  5. 0
    Anonymous says:

    "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.

  6. 0
    Anonymous says:

    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.

  7. 0

    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..

  8. 0
    Mech says:

    "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. :)

  9. 0
    Ghost Coins says:

    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

  10. 0
    DeepThorn ( User Karma: 0 ) says:

    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.

  11. 0
    E. Zachary Knight says:

    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
    Oklahoma City Chapter of the ECA
    MySpace Page: http://www.myspace.com/okceca
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    E. Zachary Knight
    Divine Knight Gaming
    Oklahoma Game Development
    Rusty Outlook
    Random Tower
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