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

Has a video game ever made you so mad you broke the controller?:

Shout box

You're not permitted to post shouts.
ZenOk, so yeah...it's kind of a lie...but I HAD to go with "Nope. I'm zen." lol. Only broke one controller myself (PS3) on a playthrough of Uncharted that got frustrating.07/09/2014 - 10:38pm
MechaTama31I am not proud of this, but I had to select the "multiple times" option. Not for the same game, but I went through several controllers (particularly dreamcast ones. fragile, maybe?)07/09/2014 - 6:52pm
Andrew EisenI'd say breaking a handheld out of anger counts (even if it's just the hinge). Likewise, I'd say busting a keyboard or mouse counts so long as you were playing a game at the time.07/09/2014 - 12:28pm
ConsterAnd since there happened to be (without me realizing) a towel which broke the fall resulting in 'only' a damaged hinge, would that be option 2 or 4?07/09/2014 - 12:23pm
ConsterAbout the most recent poll: since the "controller" for the DS is basically part of the DS, does throwing my DS against the floor because Mario Basketball cheats count?07/09/2014 - 12:22pm
Sleakersaw this on Forbes, thought it was pretty good: http://www.forbes.com/sites/timworstall/2014/06/03/if-comcast-and-time-warner-dont-compete-then-why-shouldnt-they-merge/07/08/2014 - 9:09pm
Adam802the Sun is claiming games are as addictive as herion: http://www.eurogamer.net/articles/2014-07-08-the-real-story-behind-the-suns-gaming-as-addictive-as-heroin-headline07/08/2014 - 6:43pm
ZippyDSMleeIt takes 2-6 days to transferfunds to your bank, it can take up to 30 days for ebay to give you moeny from a sale. But lord to spend it its instant!07/08/2014 - 10:50am
Cheater87http://www.twinfinite.net/2014/07/08/evil-within-receive-gore-mode-dlc-japan/07/08/2014 - 10:00am
MaskedPixelantehttp://www.joystiq.com/2014/07/08/bandai-namco-pulling-tales-of-phantasia-soon-to-be-unusable/ BN is shutting down Tales of Phantasia, and nothing of value will be lost.07/08/2014 - 9:34am
Sleaker3 business days when I've done it in the past.07/08/2014 - 12:54am
MaskedPixelanteOk, thanks.07/07/2014 - 9:12pm
Sora-Chan@MP If I recall correctly, it takes a few days.07/07/2014 - 7:49pm
MaskedPixelanteJust a few hours, it concerned me because I checked my bank account after the purchase was made, and no money appeared to be gone. At least with CC, it changes my credit limit when I purchase something, even if it doesn't process for a few days.07/07/2014 - 2:44pm
E. Zachary KnightNever done one that way, but I know the other way often takes forever and a day. How long have you been waiting?07/07/2014 - 2:28pm
MaskedPixelanteHas anyone ever done a bank-to-Paypal transfer before? How long does it usually take?07/07/2014 - 1:26pm
TheSmokeyViolent video games may actually increase players' sensitivity: study - http://technology.canoe.ca/Gaming/News/2014/06/30/21775831-relaxnews.html07/07/2014 - 12:37pm
E. Zachary KnightIf anyone wants to know, I just launched a Kickstarter campaign for my game Demon's Hex. https://www.kickstarter.com/projects/ezknight/demons-hex-cross-platform-collectible-token-game07/07/2014 - 11:09am
Cheater87Australia to get stricter game regualtion? http://mmgn.com/ps4/news--australia-s-tyrannical-game-censorship-legisl07/05/2014 - 1:53pm
MaskedPixelanteNo, I'm just saying that, were Ubisoft to shut down, the only thing of value lost would be Ubiart.07/05/2014 - 9:38am
 

Be Heard - Contact Your Politician