ESA Seeks Legal Fees for Brown v. EMA from California

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

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  1. 0
    ecco6t9 says:

    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.

  2. 0
    BearDogg-X says:

    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.

    Proud supporter of the New Orleans Saints, LSU, 1st Amendment; Real American; Hound of Justice; Even through the darkest days, this fire burns always

    Saints(3-4), LSU(7-0)

  3. 0
    LegallyBlindGamer says:

    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.

  4. 0
    Austin from Oregon says:

    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.

  5. 0
    Adam802 says:

    …..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

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