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.
 
Forgot your password?
Username :
Password :

Poll

Will we ever get Half-Life 3?:

Shout box

You're not permitted to post shouts.
Papa MidnightOh, no problem! Just wanted to let you know that it's what we're discussing. By all means, join in!10/02/2014 - 11:36am
E. Zachary KnightNeeneko, No problem. In juicy conversations, key points of discussion get pushed off quickly.10/02/2014 - 11:36am
NeenekoA rather scary censorship. I have known too many people and small companies destroyed by such pressure, so this unnerves me at a pretty personal level.10/02/2014 - 11:36am
NeenekoMy bad, I always have trouble working out what is going on in shoutbox10/02/2014 - 11:34am
Papa MidnightTo a point stated earlier, it very much is a form of indirect censorship. Rather than engage in rhetoric and debate, one side has instead chosen to cut-off opposing viewpoints at the knees and silence them via destroying their means of income.10/02/2014 - 11:28am
Papa MidnightNeeneko: the topic of Intel's dropping of Gamasutra is indeed part of this very ongoing conversation.10/02/2014 - 11:26am
NeenekoThis can't be good... http://games.slashdot.org/story/14/10/02/1558213/intel-drops-gamasutra-sponsorship-over-controversial-editorials10/02/2014 - 11:25am
Andrew EisenAnd there's also the consideration that the fact that a former IGN editor was one of the people who worked on the game's localization may be unknown (although in this specific case, probably not. Drakes been very visible at events IGN covers).10/02/2014 - 11:24am
Papa MidnightAlso, let's face it: people seem to believe that a conflict of interest can yield only positive coverage. Who is to say that Audrey Drake did not leave on bad terms with IGN (with several bridges burned in their wake)? That could yield negative coverage.10/02/2014 - 11:23am
Papa MidnightThat's a fair question, and it's where things get difficult. While Jose Otero may not have any cause to show favor, Jose's editor may, as may the senior editor (and anyone else involved in the process before it reaches publication).10/02/2014 - 11:21am
Andrew EisenWould such disclosure still be required if Fantasy Life were reviewed by Jose Otero, who wasn't hired by IGN until sometime after Drake left?10/02/2014 - 11:19am
Papa MidnightIn that case, a disclosure might be in order. The problem, of course, is applying it on a case-by-case basis; As EZK said, what's the cut-off?10/02/2014 - 11:19am
E. Zachary KnightAndrew, a disclosure would probably be in order as she likely still has a strong relationship with IGN staff. My follow up question would be "What is the statute of limitations on such a requirement?"10/02/2014 - 11:09am
E. Zachary KnightSleaker, my hyperbole was intended to illustrate the difference and similarity between direct censorship and indirect censorship.10/02/2014 - 11:07am
Andrew EisenOpen Question: Former IGN Nintendo editor Audrey Drake now works in the Nintendo Treehouse. Do you think it's important for IGN to disclose this fact in the review of Fantasy Life, a game she worked on? Should IGN recuse itself from reviewing the game?10/02/2014 - 11:07am
E. Zachary KnightSleaker, My thoughts on disclosure: http://gamepolitics.com/2014/09/25/what-your-gamergate-wish-list#comment-29598710/02/2014 - 11:02am
Sleaker@EZK - using hyperbole is a bit silly. I'm asking a serious question. Where's the line on disclosure as relates to journalistic involvement in the culture they report on?10/02/2014 - 10:59am
E. Zachary KnightSo a journalist reporting on general gaming news mentions a specific developer and their game involved in said news, and it is suddenly some nefarious conspiracy to hide a conflict of interest. I think someone is reaching for validation.10/02/2014 - 10:53am
Andrew EisenYes, imagine anyone insisting that two utterences of the phrase "Depression Quest creator Zoe Quinn" wasn't influenced by something happening in the future!10/02/2014 - 10:52am
Sleaker@Pap Midnight - So wouldn't it be any journalist writing about general gaming culture would need to disclose any and all links/ties to said general gaming culture to be ethical? Also @EZK to use you're own methodology, I'm still curious on the question10/02/2014 - 10:49am
 

Be Heard - Contact Your Politician