"Call of Duty" Gaming Lawsuit Seeks $400 Million in Damages

By the time of its record-setting release of "Call of Duty: Modern Warfare 3," Activision was already embroiled in a $400 million lawsuit with rival Electronic Arts.

2012-07-11

July 11, 2012 (Press-News.org) Article provided by Klein & Wilson Visit us at http://www.kleinandwilson.com
When Activision launched the record-setting "Call of Duty: Modern Warfare 3" to a $400 million dollar opening-day release in the U.S. and U.K. on Nov. 8, 2011, it was already embroiled in a $400 million lawsuit with rival Electronic Arts.

The lawsuit, filed in March of 2010, alleges that EA aided and abetted two top executives for the Infinity Ward development studio in breaching their fiduciary duty to Activision. Infinity Ward is the game developer which created several of the Call of Duty games for the game publisher Activision. Activision claims that despite an exclusive, long-term employment agreement the two executives had with Activision, they conspired with EA to set up an independent company comprised of key Call of Duty game developers within the company.

After Activision fired the two executives, Jason West and Vince Zampella, in March of 2010 for insubordination, they founded Respawn Entertainment, which currently has an agreement with EA to publish and distribute its games.

According to The Wall Street Journal, Call of Duty games account for one-third of Activision's annual $4 billion in revenue. The complaint alleges that EA has suffered billions of dollars in losses the last several years as Activision surpassed it as the industry leader in both revenue and game quality. In response to its success, Activision alleges EA used West and Zampella to "destabilize, disrupt and to attempt to destroy Infinity Ward."

EA filed a motion for summary judgment to dismiss the case, but California Superior Court Judge Elihu Berle ruled on Dec. 20 that Activision had provided enough evidence to bring the lawsuit to a jury.

The $400 million in damages sought by Activision includes actual and punitive damages. Activision is also seeking attorneys' fees.

Tortious Interference

The billion dollar gaming industry, while intensely competitive, certainly is not the only industry involving high-stakes maneuvering and competition for talent. Claims for tortious interference and unfair competition encompass a variety of industries and businesses, from multinational corporations to small businesses and startups.

Generally, a claim for contract interference requires:
-A contract between the plaintiff (the person or business suing) and a third party
-Knowledge by the defendant (the person who allegedly interfered) of the contract between the plaintiff and the third party
-Intentional and improper interference by the defendant
-Actual damages suffered by the plaintiff because of that interference

Not all interference by a third party between two contractually obligated parties results in a viable claim for contract interference. Rather, it depends on the type of interference involved. Among the factors a jury considers when determining improper interference are the defendant's type of conduct, motive, interests and relationship between all parties.

Claims for contract interference are a nuanced area of the law. Those who are potentially involved in contract interference or other unfair competition claims should discuss their situation with an experienced business litigation attorney.

Article provided by Law Office of Sara Sencer McArdle, LLC
Visit us at http://www.saramcardlelaw.com

ELSE PRESS RELEASES FROM THIS DATE:

SSA Reviewing Benefit Criteria for Neurological Disorders

2012-07-11

In May 2012, the Social Security Administration announced that it would review the criteria it uses to determine whether applicants with neurological disorders qualify for Social Security Disability Insurance and Supplemental Security Income. The SSA plans to solicit public comments on the proposed changes to its Listing of Impairments after it publishes a Notice of Proposed Rule Making. The review is part of the SSA's Annual Performance Plan for Fiscal Year 2013. Changes to the SSA's Listing of Impairments for neurological disorders could have a large impact on people ...

Avoid These Common Workplace Injuries

2012-07-11

According to the U.S. Department of Labor, 3.1 million employees reported a nonfatal on-the-job injury or illness in 2010. Over half of these injuries resulted in missed days from work, job transfers or work restrictions. Employees should be aware of some of the more common types of workplace injuries and what steps they can take to prevent them. Falls, Slips and Trips Many workplaces have slippery surfaces or multiple levels. Employees can slip and fall on the same level or can fall from one level to the next, resulting in serious injuries such as sprains, broken ...

New Jersey DUI Basics: Blood Alcohol Testing

2012-07-11

In New Jersey, a person is considered legally intoxicated and can be charged with Driving Under the Influence if his or her blood alcohol content is 0.08 percent or above while operating a motor vehicle. Prosecutors can use evidence of a person's BAC, obtained through a blood test, breath test or Alcotest, to prove in court that a person is guilty of DUI. How BAC Testing Works When a person consumes alcohol, it is absorbed into the bloodstream through the mouth and digestive system. However, the chemical structure of the alcohol is not changed by the absorption process, ...

Important Things to Know About Living Trusts

2012-07-11

Most people know that they should have wills to distribute their assets and provide for their families after they are gone. However, a will is not the only way that people can accomplish that goal. A popular estate planning tool is a living trust. A living trust can offer people some advantages over a will, and people should understand what a trust is and how it may help them. What Is a Living Trust? A living trust is a legal arrangement that governs a person's property while the creator is still alive. The trust document names three parties: -The grantor: the person ...

Estate Planning Without a Lawyer Is Risky

2012-07-11

With the easy availability of so many legal forms online costing little or no money, many people are completing "do-it-yourself" estate plans. Some question the need to spend the money to hire a lawyer for help with the process when they can do it for so little themselves. Others believe that having some kind of estate plan in place is better than not planning at all, even if it is something that a person drafts on his or her own. However, people run the risk of creating major problems for their survivors if they choose to make wills, trusts and other estate planning ...

Grimaldi's Pizzeria Continues its Expansion in Mt. Pleasant South Carolina

2012-07-11

Grimaldi's Pizzeria, famously known for their award-winning hand-tossed, coal-fired brick oven pizzas and calzones, fresh salads and delicious desserts is announcing its latest expansion move into the state of South Carolina. Located in Mt. Pleasant Towncenter, the restaurant will offer 4,000-square-feet of indoor dining and patio space, for 150 guests. Opening late this summer, guests will be welcomed by Frank Sinatra crooning in the background, more than 100-years of pizza making traditions, and the tantalizing aroma of pizza and calzones baked to perfection in the ...

Perry Passyflyer Takes Flight For Your Child

2012-07-11

Authors Katie Eshleman, Elizabeth Arnold, and Danielle Stanely grew up together in Hunterdon County, NJ. Now as mothers, they understand the plight of parents when that certain age hits and it is time to take away a child's prized possession. Giving up the "binky", "paci", or "dummy" can be a struggle for even the most patient of nurturers. They have found a way to make this experience a joyful and adventurous journey. Katie, a mother of three daughters, approached the writing of Perry Passyflyer with both humor and heart. "I was sure ...

JTM Food Group Introduces New IQF Crumbles Line and added Healthy Menu Offerings at 2012 School Nutrition Association (SNA) Conference

2012-07-11

JTM Food Group, a national leader in creating menu solutions for the food service industry, will introduce several new products at the School Nutrition Association's (SNA) 2012 National Conference in Denver, CO. The new offerings will be sampled by school directors from coast-to-coast and from border-to-border as more than 4,000 school nutrition professionals are scheduled to attend the show. JTM, which provides menu items to half of all schools in the United States, which is more than 12.8 million K-12 students across the country, has focused its research and development ...

IC-TAG Solutions, Inc. New RFID Offering to the Healthcare Industry: Latest RFID Solutions

2012-07-11

Since the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) implemented new safety goals, there have been new advances in Radio Frequency Identification (RFID) implementation in the Healthcare Industry. The healthcare system uses a wide variety of processes to track patient information, from different types of insurances requiring claims in specific formats to different details and transactions from healthcare providers and clearing houses. RFID has the potential to combine different processes and improve communication, productivity and accuracy of the ...

SuccessWith.MOBI to Present a Mobile Marketing Seminar

2012-07-11

Land in the hands and pockets of your potential clients with effective mobile marketing. Take an in-depth look at companies, both small and large, that have developed mobile marketing strategies to engage, educate and increase sales. Attendees will learn about mobile marketing e-commerce, QR codes, apps and other breakthrough-the-clutter tactics that can take your marketing to the next level. This class will take place at WHERE: La Costa Latina Resource Room (5465 N. Pensacola Blvd.) on Wednesday: August 15th, 6pm- 8pm OR Thursday: August 16th, 3pm-5pm. TUITION: $35.00 Presented ...

LAST 30 PRESS RELEASES:

New Canadian study reveals where HIV hides in different parts of the body

Lidocaine poisonings rise despite overall drop in local anesthetic toxicity

Politics follow you on the road

Scientists blaze new path to fighting viral diseases

The mouse eye as a window to spotting systemic disease

AI and the Future of Cancer Research and Cancer Care to headline October 24 gathering of global oncology leaders at the National Press Club: NFCR Global Summit to feature top scientists, entrepreneurs