There’s No Stopping The Epic Call Of Duty Lawsuit

Denying request for summary judgment, the Los Angeles Superior Court gave Activision the green light to go to trial with its $US400 million contract interference lawsuit against Electronic Arts over Call of Duty creators Jason West and Vince Zampella.

The gist of the lawsuit is this: Activision Publishing alleges that West and Zampella of development studio Infinity Ward breached their contracts and commitment to loyalty via insubordinate behaviour and other forms of improper conduct. They also put forth that Electronic Arts’ unlawful tampering in the situation aided this conduct. Check out our full coverage of the conflict for the whole sordid story.

Amidst the flurry of suits and countersuits were motions from lawyers representing both EA and the duo of West and Zampella requesting a summary judgment by the court. Basically they wanted a judge to decide the case before it went to jury trial, denying us what could be months of juicy legal entertainment.

Luckily for us the Los Angeles Superior Court found that there was enough evidence present for a jury to potentially decide that EA had tampered in the relationship between the developers and Activision, and the trial remains on track for its May 7, 2012 release date.

It bears noting that the press release announcing the ruling was issued by Activision Publishing, so any information gleaned from it is bound to have a slight slant in its favour.

Kotaku reached out to West / Zampella attorney Robert Schwartz for comment on the release, and he didn’t seem particularly phased.

“We can’t wait to get to trial on May 7 to prove Jason and Vince’s case against Activision for firing them without cause and denying them the money they earned. Activision’s claims against EA are a smoke screen, seeking to distract attention from Activision’s atrocious behaviour to Jason, Vince, and the rest of the Infinity Ward team.”

Come May there might not be enough popcorn to go around.

Discuss

(13 Comments)
  • [–]

    Braaains

    Friday, December 23, 2011 at 11:14 AM

    Given the sales numbers for Modern Warfare 3, I’d love to see how Activision justify their claim that the EA/Vince/Zampella situation somehow cost them $400m.

  • [–]

    klanky

    Friday, December 23, 2011 at 11:30 AM

    Wait, wait, wait…. So you’re saying…. that Activision… want MORE bloody money!?

  • [–]

    Rize

    Friday, December 23, 2011 at 11:34 AM

    I’m honestly not fussed by Activision in general. Most of the stuff people claim they do that is “evil” is just business.

    Except this.

    Either we’re seriously not getting given the full story, or Activison is seriously behaving like a whining child. That said, I DO assume we’re not being told everything…

    • [–]

      Chrissomerry

      Friday, December 23, 2011 at 4:59 PM

      Behaving like a whining child = business as usual? :P Seems stock standard to me, just look at Apple and Samsung and all the different court battles they have going all over the world! (or had going, I got bored of it after a while).

    • [–]

      Matt

      Friday, December 23, 2011 at 11:14 PM

      It seems to me that Activision just wants to get out of paying the royalties they owe. Personally i hope they lose – after all this just feels like Activision throwing a hissy fit that Vince and Zampella didn’t want to update there contract and be forced to make MW3 (and who would want to agree to a contract whereby you have to wait years to get millions of $$$ your owed, especially since it seems like a never ending cycle).

  • [–]

    SOX

    Friday, December 23, 2011 at 11:58 AM

    Modern Warfare 3 is a fun game.

    • [–]

      modraeF

      Friday, December 23, 2011 at 12:13 PM

      bad game*

      • [–]

        Tits McGee

        Friday, December 23, 2011 at 12:16 PM

        same game*

        • [–]

          mccawsome

          Friday, December 23, 2011 at 12:25 PM

          same bad game*

          • [–]

            nope.avi

            Friday, December 23, 2011 at 2:40 PM

            lol

            • [–]

              Link

              Saturday, December 24, 2011 at 1:39 AM

              fun bad same lol shit game?

  • [–]

    Chris Lynn

    Friday, December 23, 2011 at 12:45 PM

    same bad word game*

  • [–]

    random714

    Monday, December 26, 2011 at 9:29 AM

    Activision is being stupid, they’re just whining and throwing a tantrum because they made bad decisions…

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