NCAA Football 14 News Post

EA's Motion to be Dismissed from O'Bannon Case Denied

01:24 PM - July 31, 2013 by RaychelSnr

Yesterday, we learned Electronic Arts was trying to get out of the legal entanglements of the Ed O'Bannon case in a motion filed with the 9th Circuit Court of Appeals.

Today, EA (and the rest of us) have learned their motion was promptly denied.

"Given that NCAA football realistically portrays college football players in the context of college football games, the district court was correct in concluding that EA cannot prevail," wrote Judge Jay S. Bybee, in the decision.

This simply means EA will be involved in whatever litigation is to come -- and whether they like it or not, EA is tied to the NCAA on this one.

We'll of course continue to cover this case as it progresses through the courts, although final resolution is still years away.

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Member Comments

# 1 KickassJohnson @ 07/31/13 01:33 PM

Good

10char

# 2 huntt26 @ 07/31/13 02:23 PM

Quote:

Originally Posted by KickassJohnson


	Good 10char

I disagree. It would be good if EA got out of this, otherwise the future of the game could be in jeopardy. The NCAA sucks.

That being said, it totally makes sense for EA to be tied to this, the judge is right.

# 3 rj88 @ 07/31/13 02:33 PM

The bigger issue is with the schools who let the NCAA operate like this.

# 4 The_Rick_14 @ 07/31/13 04:04 PM

Quote:

Originally Posted by ghettogeeksta


	Looks like it was a desperation move by EA.

It does? Because all it looked like to me was that EA tried to avoid a bunch of legal fees and took a chance. Doesn't seem like they lost anything by filing the motion.

# 5 mestevo @ 07/31/13 04:16 PM

Lawsuits are requested to be dismissed at every opportunity that makes sense to do so. Pretty routinely done if not a number of times and probably won't be the last.

# 6 Gramps91 @ 07/31/13 04:38 PM

Quote:

Originally Posted by huntt26


	I disagree. It would be good if EA got out of this, otherwise the future of the game could be in jeopardy. The NCAA sucks. That being said, it totally makes sense for EA to be tied to this, the judge is right.

yea I agree with huntt here. It sucks EA couldn't get out of this. This jeopardizes future NCAA gaming.

# 7 CLW @ 07/31/13 05:57 PM

This article is flat out WRONG. The Motion to Dismiss is still pending at the TRIAL COURT. This was a separate appeal to the 9th Circuit COURT OF APPEALS. EA can appeal the 9th Circuit's decision to the Supreme Court. The 9th Circuit has a BAD track record with SCOTUS nearly 80% of their cases are reversed when taken up to the high court. Just sayin'

# 8 DorianDonP @ 07/31/13 05:59 PM

Quote:

Originally Posted by ghettogeeksta


	Looks like it was a desperation move by EA.

Not really. These are routine motions.

# 9 LastExit @ 07/31/13 06:03 PM

Quote:

Originally Posted by DorianDonP


	Not really. These are routine motions.

Yup....they occur all the time in cases like these. The defendant doesn't lose anything by filing the motions and the worst that happens is that the trial proceeds.

# 10 CLW @ 07/31/13 06:06 PM

Again just an FYI as to the Procedural posture

9th Circuit ruling today - was on an "affirmative defense" 1st Amendment (free speech) completely bars any/all claims

EA can (and has indicated it will) ask the Supreme Court to review. Supreme Court has COMPLETE discretion in deciding whether or not to take appeal.

Motion to dismiss filed yesterday - STILL PENDING (to my knowledge) at the trial court in California. It argues Plaintiffs haven't stated a claim in their most recently filed Petition against EA. NO ruling has been made on it (but if you wanna bet - bet the farm EA loses at the trial level)

# 11 Td1984 @ 07/31/13 07:25 PM

Quote:

Originally Posted by JerseySuave4


	by the time this is all said & done the SEC, Big 10, Big 12, Pac 12 & ACC will have separated from the rest of the NCAA D1 by then. That's coming sooner rather than later.

As a side note, wonder if they would twist ND's arm and force them into the ACC in football as well when that happens.

# 12 lord_mike @ 07/31/13 09:54 PM

Quote:

Originally Posted by CLW


	Again just an FYI as to the Procedural posture 9th Circuit ruling today - was on an "affirmative defense" 1st Amendment (free speech) completely bars any/all claims EA can (and has indicated it will) ask the Supreme Court to review. Supreme Court has COMPLETE discretion in deciding whether or not to take appeal. Motion to dismiss filed yesterday - STILL PENDING (to my knowledge) at the trial court in California. It argues Plaintiffs haven't stated a claim in their most recently filed Petition against EA. NO ruling has been made on it (but if you wanna bet - bet the farm EA loses at the trial level)

I just read the appellate ruling. If upheld, it pretty much puts the kibosh on any future realistic college games ever. It's amazing that the exact same panel threw out Jim Brown's claims, but are upholding this one. I wonder if they will go to en banc or go straight to the SCOTUS on this one. How the SCOTUS will rule is anyone's guess. They are pretty strong on free speech and are pro business, but it seems that that the players' sob stories are affecting everyone in the legal system. If the SCOTUS denies the appeal in the fall, guess what? EA College football is pretty much done unless the NCAA changes rules on player compensation.

If this ruling is upheld, there will be a chilling effect on creativity of all types, from video games, to movies, to books to everything. These judges aren't thinking with their heads on straight.

# 13 buckeyes70087 @ 08/01/13 03:18 PM

i fin this funny because the players int he game don't even have the right home/town's and the correct height and weights for some of these players. This law suites are for guys that are broke trying to get money.

# 14 OneDayJD @ 08/01/13 03:52 PM

Quote:

Originally Posted by CLW


	...The 9th Circuit has a BAD track record with SCOTUS nearly 80% of their cases are reversed when taken up to the high court. Just sayin'

Heard that. Over here in the 4th Circuit we call the 9th Circuit "moon law" because most of it is bull****.

# 15 OneDayJD @ 08/01/13 03:53 PM

Quote:

Originally Posted by lord_mike


	I just read the appellate ruling. If upheld, it pretty much puts the kibosh on any future realistic college games ever. It's amazing that the exact same panel threw out Jim Brown's claims, but are upholding this one. I wonder if they will go to en banc or go straight to the SCOTUS on this one. How the SCOTUS will rule is anyone's guess. They are pretty strong on free speech and are pro business, but it seems that that the players' sob stories are affecting everyone in the legal system. If the SCOTUS denies the appeal in the fall, guess what? EA College football is pretty much done unless the NCAA changes rules on player compensation. If this ruling is upheld, there will be a chilling effect on creativity of all types, from video games, to movies, to books to everything. These judges aren't thinking with their heads on straight.

Where did you find that opinion? Didn't know if it was published yet or if you pulled it off PACER. I'd like to read it as well. Going to check PACER for filings meow... ETA: Nevermind, it's an appellate opinion. I'll find it. I read that wrong. My bad.

# 16 lord_mike @ 08/01/13 05:13 PM

Quote:

Originally Posted by OneDayJD


	Heard that. Over here in the 4th Circuit we call the 9th Circuit "moon law" because most of it is bull**.

Unfortunately, it corroborates with a similar 3rd circuit decision from a few months ago that pretty much ruled the same way on an identical case.

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EA's Motion to be Dismissed from O'Bannon Case Denied