ESA Seeks Legal Fees for Brown v. EMA from California

July 25, 2011 -

The Entertainment Software Association (ESA) is seeking $1.1 million in legal fees from California for its work related to Brown v. EMA. The move is not an unfamiliar one for the trade group, who has successfully sued and won fees in the lower courts in states throughout the country (notably Louisiana, Michigan, and Illinois), but this is a first at the highest level of the U.S. court system.

"It's unfortunate that some officials continue to believe that unconstitutional laws are the answer, when time and time again courts have thrown out these bills and proven them to be a waste of taxpayers' dollars," the ESA said in a statement... four years ago. Hopefully California's government will listen after this expensive lesson in constitutional law.

SCOTUS Blog has an excellent analysis of the challenges the ESA may face in collecting the fees it wants at this level and what precedents it could set for the future of lawsuits. You can read all that here. Below is the most interesting part:

"Presumably, the Supreme Court has the authority to order a fee shift, or to pass the motion down to the Ninth Circuit Court or the District Court to consider. It is unknown whether the fact that the Supreme Court agreed to hear the state’s appeal — something it had the discretion not to do — would play a part in its consideration of the motion.

Because the Supreme Court seldom is asked to shift fees in cases before it, the Justices may be a bit surprised at how high those fees can go when well-compensated, experienced lawyers are involved, and bring with them a sizeable team of associates. Lower courts, of course, routinely are faced with often pricey fee requests."

Source: Ars Technica


Comments

Re: ESA Seeks Legal Fees for Brown v. EMA from California

This state is broke anyways. The other 49 and Guam will bail us out.

 

Which sucks since I've tried everything I can to get hack politicians out of office in this state. Hell it's insanity that people didn't want a "3rd Arnold term" yet they elected Moonbeam for a 3rd time.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Interestingly, the amount that the ESA and EMA is seeking is just over three times the total amount of legal fees they've won from California after the District Court and Ninth Circuit Court of Appeals combined(about $370,000 total) and more than double what Illinois paid($510,000).

California brought it on themselves. Shame that the legislators that voted for the bill won't have the money docked from their salaries, although I feel that them, former governor Arnold Schwarzenegger, current governor Jerry Brown(attorney general at the time), and Leland Yee should each pay an equal 25% of that $1.1 million.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

I personally think the Ethics committee should investigate Mr. Yee for this disaster. I have a hunch he knew that the law was unconstitutional, but just didn't care. I hope they do investigate him and recommend ousting his sorry butt from California politics, therefore disqualifying him from the mayoral election he's trying to enter.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Its hard for me. I'm not paying California taxes, but I feel for those who live there. If they win this I hope that Yee actually has to explain it in a future election while explaining how they can't afford welfare and medicaid. Though the issue will probably never come up.

-Austin from Oregon

Feel free to check out my blog.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

Good. I hope the ESA wins this as well. Its even more california taxpayer money that yee wasted on his stupid law.

Re: ESA Seeks Legal Fees for Brown v. EMA from California

.....although, it should really be coming out of HIS pocket. Not the poor taxpayers who really had nothing to do with it and were probably against the law as well. poor bastards

Re: ESA Seeks Legal Fees for Brown v. EMA from California

I'm sure a lot of the money in his pocket is from the taxpayers anyways.
 
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Andrew EisenSome locked threads. Some let them be. So, no, I'm not seeing a problem here. No corruption. No collusion. No ethical problem with privately discussing ethics.09/20/2014 - 12:48am
Andrew EisenAnd still, in the end, Tito made up his own mind on how to handle his site. All 150 or so members went off to handle their own sites in their own ways. Some talked about it. Some didn't. Some changed disclosure policies. Some didn't.09/20/2014 - 12:40am
Andrew EisenThere were two comments other than Kochera and Tito's. One pointed out the Escapist Code of Conduct, another comment was in support of Tito.09/20/2014 - 12:40am
Andrew EisenKochera privately expressed his disagreement on how Tito decided to do something. No, I don't consider that crossing a line nor do I consider the exchange an example of the group pressuring him.09/20/2014 - 12:36am
Kronotechnical reasons. Anyways, I need to get to sleep as well.09/20/2014 - 12:29am
KronoAnd he wasn't the only one pushing Tito to censor the thread. If Tito had bowed to peer pressure, we likely wouldn't have gotten this http://goo.gl/vKiYtR which grew out of that thread. Said thread also lasted until a new one needed to be made for09/20/2014 - 12:28am
Krono@Andrew So it's an example of Kuchera crossing the line from reporter to advocate. And an example of the group pressuring for censorship.09/20/2014 - 12:21am
E. Zachary KnightAnyway, I am off to bed. I will probably wake up to all of this being knocked off the shout box.09/20/2014 - 12:20am
E. Zachary KnightKrono, that is the type of reading too much into things that bugs me. Ben did no such thing. Greg had the last word in that part of the exchange. The rest was about how to approach the story and Quinn.09/20/2014 - 12:19am
Andrew EisenSo?09/20/2014 - 12:13am
KronoExcept that the forum thread wasn't harassment, and Kuchera continued to push for the thread's removal after Tito made it clear he didn't consider it harassment.09/20/2014 - 12:12am
Andrew EisenPersonally, I see nothing wrong with someone offering their opinion or the other person making up their own mind on how to run their site.09/20/2014 - 12:06am
E. Zachary KnightKrono, I read nothing of the sort in that email chain. I read Ben giving advice on what to do when a forum thread is used to harass someone and spread falshoods about them and others.09/20/2014 - 12:05am
KronoThat's exactly what Ben Kuchera was doing to Greg Tito.09/19/2014 - 11:58pm
Krono@EZK So you see nothing wrong with one journalist pressuring a journalist from a different organization to not only not run a story, but to censor a civil discussion already taking place?09/19/2014 - 11:56pm
E. Zachary KnightI write for a number of blogs and talk to people who write similar blogs all the time for tips and advice. I see nothing wrong with that.09/19/2014 - 11:50pm
E. Zachary KnightI read that comment now and frankly, I think that guy is reading too much into this. The press talk to each other. It happens. There is nothing that can be done to stop it from happening.09/19/2014 - 11:49pm
KronoUnfortunately it seems unlikely to be resolved anytime soon.09/19/2014 - 11:45pm
Krono@EZK No that's not the comment. As for wanting nothing do with any of it, that's perfectly understandable.09/19/2014 - 11:44pm
Sleaker@Conster - sand?09/19/2014 - 11:40pm
 

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