Madden Anti Trust Lawsuit To Move Foward

[cdon2k]

Could EA have seen this coming with all of their current legal issues? Could this be the reason EA is actually trying with Madden this year?

http://www.joystiq.com/2009/06/09/judge-says-madden-monopoly-suit-can-move-forward/

[aholbert32]

Re: Madden Anti Trust Lawsuit To Move Foward

Could EA have seen this coming with all of their current legal issues? Could this be the reason EA is actually trying with Madden this year?

http://www.joystiq.com/2009/06/09/ju...-move-forward/

No it isnt. Filing a motion to dismiss is just part of the process. Having the motion denied doesnt mean EA is less or more likely to lose this case.

[cdon2k]

Re: Madden Anti Trust Lawsuit To Move Foward

Hmm... clearing first hurdle ='s moving forward lol

I am pretty sure this many thought that this case wouldn't even make it to court. For all those who still don't understand:

Motion denied = going to trial lol

[aholbert32]

Re: Madden Anti Trust Lawsuit To Move Foward

Hmm... clearing first hurdle ='s moving forward lol

I am pretty sure this many thought that this case wouldn't even make it to court. For all those who still don't understand:

Motion denied = going to trial lol

You are getting your hopes high and there is no reason too. One, I dont know who told you that this case wouldnt make it to court but everything I've read made it seem very likely that this would go to trial. Especially since there is already another licensee vs. NFL case at the Supreme Court level arguing the same issue. Like I said before, this means nothing other than the case will be heard.

[ProjectSRT]

Re: Madden Anti Trust Lawsuit To Move Foward

Great news.

With this and the American Needle case, we might actually get somewhere. I hate when the govt sticks it fat fist into businesses, but EA needs to lose all exclusive licenses. As much as i think Madden 2010 looks fantastic, they need competition.

[PlyrzNumber1]

Re: Madden Anti Trust Lawsuit To Move Foward

When I was younger, I had 4+ games to choose from every football season. And NFL '2K was the type of game that made me stay up all night days in advance before it came out. I haven't had that feeling since EA bought exclusive rights to the NFL.

If this is the first step in bringing back a fav. pastime of mine, then I'm all for it.

[GTheorenHobbes]

Re: Madden Anti Trust Lawsuit To Move Foward

No it isnt. Filing a motion to dismiss is just part of the process. Having the motion denied doesnt mean EA is less or more likely to lose this case.

Actually, you're dead wrong on this one. Every plaintiff's attorney keeps their fingers crossed to get past the motion to dismiss. Obviously, if the motion to dismiss had been granted, the case would be over except for the appeal, and the litigation expense meter would've stopped.

No matter how the defendants' attorneys try to spin this, it is a BIG win for plaintiffs getting past the motion to dismiss. Now, the case moves on to the VERY EXPENSIVE discovery phase, followed by more EXPENSIVE briefing and an EXPENSIVE trial, assuming the case survives summary judgment.

Good for plaintiffs. I'm glad they're making EA face the music with this. Hopefully we all win with competition being restored in the end.

[Cusefan]

Re: Madden Anti Trust Lawsuit To Move Foward

As much as I would like to see more variety for football, I have a hard time imaging EA losing this. We will see though...

[RedheadKingpin]

Re: Madden Anti Trust Lawsuit To Move Foward

Great news.

With this and the American Needle case, we might actually get somewhere. I hate when the govt sticks it fat fist into businesses, but EA needs to lose all exclusive licenses. As much as i think Madden 2010 looks fantastic, they need competition.

Why does EA need to lose them? It's not their fault the other companies didn't want to pony up the cash to keep the license.

[GTheorenHobbes]

Re: Madden Anti Trust Lawsuit To Move Foward

As much as I would like to see more variety for football, I have a hard time imaging EA losing this. We will see though...

Posted: Wed Jun 10, 2009 4:50 am Post subject:

--------------------------------------------------------------------------------

"Though the judge's decision is significant for the class, it is by no means an indication of the final outcome of the case. "The present complaint alleges that the names and logos of actual teams and players are essential to market interactive football software," the judge noted. "Whether plaintiffs will be able to back this allegation up with evidence is a matter left for another day."

That plaintiffs' motion for class certification is currently scheduled for September 24, with the full hearing expected to commence January 14, 2010."

http://www.gamespot.com/news/6211734.html?sid=6211734&part=rss&subj=6211734

The costs of discovery in this case for EA, and the cost of briefing the class certification issue by September, will easily run EA a good $500,000-$1 million.

HUGE win for plaintiffs. Good for them, and us.

[aholbert32]

Re: Madden Anti Trust Lawsuit To Move Foward

Actually, you're dead wrong on this one. Every plaintiff's attorney keeps their fingers crossed to get past the motion to dismiss. Obviously, if the motion to dismiss had been granted, the case would be over except for the appeal, and the litigation expense meter would've stopped.

No matter how the defendants' attorneys try to spin this, it is a BIG win for plaintiffs getting past the motion to dismiss. Now, the case moves on to the VERY EXPENSIVE discovery phase, followed by more EXPENSIVE briefing and an EXPENSIVE trial, assuming the case survives summary judgment.

Good for plaintiffs. I'm glad they're making EA face the music with this. Hopefully we all win with competition being restored in the end.

I hate title dropping but I'm litigation counsel for a major media company so I face this stuff on a daily basis. I've been here 5 years and worked on dozens of lawsuits and we've never not filed a motion to dismiss even if we knew that the chance of success was highly unlikely. You give it a shot just in case you get a judge who is willing to grant the motion.

Also, your response has nothing to do with my original statement. I stated that winning a motion to dismiss doesnt mean that EA is less or more likely to lose at trial and I stand by that. Sure they have to spend more money and that would matter if this was a small mom and pop company but this is EA. EA is a billion dollar company and I'm sure they budgeted for a long trial (just like my company does). Also, EA probably has insurance that will cover the majority of the expenses that will come from this suit (just like my company does). EA wont care how much money they spend defending the case as long as the court doesnt invalidate the EA/NFL agreement.

[CreatineKasey]

Re: Madden Anti Trust Lawsuit To Move Foward

Do you guys think it is essential that the American Needle case gets ruled in our favor to have any chance of this case being the same?

Don't we kind of need that trial to set precedent over sports monopolies? I guess this EA trial could set precedent too...

[Swingking77]

Re: Madden Anti Trust Lawsuit To Move Foward

Posted: Wed Jun 10, 2009 4:50 am Post subject:

--------------------------------------------------------------------------------

"Though the judge's decision is significant for the class, it is by no means an indication of the final outcome of the case. "The present complaint alleges that the names and logos of actual teams and players are essential to market interactive football software," the judge noted. "Whether plaintiffs will be able to back this allegation up with evidence is a matter left for another day."

That plaintiffs' motion for class certification is currently scheduled for September 24, with the full hearing expected to commence January 14, 2010."

http://www.gamespot.com/news/6211734.html?sid=6211734&part=rss&subj=6211734

The costs of discovery in this case for EA, and the cost of briefing the class certification issue by September, will easily run EA a good $500,000-$1 million.

HUGE win for plaintiffs. Good for them, and us.

Hey fortune teller... It's only Tuesday the 8th of June... Is that what you meant to post or is this a joke?

[Cusefan]

Re: Madden Anti Trust Lawsuit To Move Foward

Either way, Even if these guys do win, it will still a few years to get a new football game. Between the actual court case, Appeals(if any) and time to develop a new game, It could easily take over 5 years. Basically This generation of Consoles will not see another NFL title.

[coogrfan]

Re: Madden Anti Trust Lawsuit To Move Foward

Re: the American Needle case...

American Needle suffered a huge setback last week, one that could have an effect on the EA case as well:

http://abovethelaw.com/2009/06/sports_and_the_law_elena_kagan.php?show=comments

Sports And The Law: Elena Kagan Punts Away American Needle v. NFL

Tuesday, June 2, 2009 10:04 AM - By Marc Edelman

Back in February, the U.S. Supreme Court asked the acting solicitor general to file an amicus brief in the case American Needle Inc. v. National Football League -- a move that seemed to indicate that the Supreme Court would soon hear oral arguments. Yesterday, however, U.S. Solicitor General Elena Kagan did her best Jeff Feagles impersonation by filing a 22-page amicus brief (pdf) that ultimately attempted to punt this case off the Supreme Court's docket. The brief, which was co-authored by the Federal Trade Commission, concluded that "[t]he petition for a writ of certiorari should be denied."

If I understand this, it means the Court will decline to review the case, correct?

Game, set , match NFL.