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 limiting Steam services to accounts that have spent at least $5 eliminate spammers?:

Shout box

You're not permitted to post shouts.
prh99It's not unusual for community guidelines to conflict with content served to said community. Of course the idea is to try and keep user from using those words as weapons against each other.04/21/2015 - 5:36pm
IronPatriotGTA to players: Do as we say, not as we do. Wait... don't do as we say, either.04/21/2015 - 4:32pm
Daniel LewisBy the big 3 i mean the three console developers,sony,microsoft and nintendo04/21/2015 - 4:30pm
InfophileThe filter also misses a lot of slang from non-American dialects of English. I'd go on to list a bunch here that I've learned since living in Scotland, but... well, let's just say "dogging" has a much different meaning over here.04/21/2015 - 4:11pm
ConsterI know about gash's meaning (I googled it prior to my comment, I just meant I can't really see myself ever using it like that). What do you mean with 'the big three', though?04/21/2015 - 3:52pm
Daniel LewisAnd Gash can be used as slang for the female genitalia04/21/2015 - 3:46pm
Daniel LewisActually all the big three are in that list,pretty common place for games to add a filter for words no matter what is used in the game04/21/2015 - 3:44pm
Consterand do people pretend to be software developers a lot or something?04/21/2015 - 3:29pm
Consterapparently 'gash' is also slang nowadays? I just know it as an injury type. Also, how come 'bisexual' is on the list but 'lesbian' (when properly spelled) isn't?04/21/2015 - 3:28pm
E. Zachary Knighthttp://kotaku.com/nintendo-and-other-banned-words-i-cant-use-in-grand-th-169924759704/21/2015 - 2:59pm
E. Zachary KnightGTA 5, a game that uses a vast array of swears, racist and sexist language in the dialog of the game, bans people from using those sames words along with a vast number of others, including 'Nintendo'. 04/21/2015 - 2:58pm
ZippyDSMleehttp://www.wired.com/2015/04/dmca-ownership-john-deere/04/21/2015 - 1:58pm
ZippyDSMleeMatthew Wilson: Classic shell ^_~04/21/2015 - 1:56pm
Matthew Wilson@zipp I dont like the star menu taking up the whole dam screen, so just getting the start menu back will be worth it.04/21/2015 - 11:19am
ZippyDSMleeI got a extra HDD I will take win 10 for a spin. see if tis worthwhile heck if I do not have to move colums over in Skyrims creation kit its a keeper!04/21/2015 - 10:53am
ZippyDSMleeMatthew Wilson: Been on win 8.1 a few months the only thing I do not like is compatibility issues with older programs. 10 won't fix that sadly...04/21/2015 - 10:51am
E. Zachary KnightThe US Supreme Court has ruled that the 4th Amendment does offer US citizens some protections. This is a change of pace from other 4th Amendment rulings. http://reason.com/blog/2015/04/21/supreme-court-says-police-violated-4th-a04/21/2015 - 10:35am
E. Zachary KnightNot sure on that specific. But It is slightly annoying, but it can help to clairfy on occasion.04/21/2015 - 10:13am
IvresseCan I just ask out of curiousity why people repeat the title in their shout when it clearly states it in the URL?04/21/2015 - 9:07am
E. Zachary KnightI would say that is true. It drives me nuts when games are patched. The closer the patch is to launch, the worse it is.04/21/2015 - 9:06am
 

Be Heard - Contact Your Politician