California Personal Injury Attorney
Q.There is a ton of misinformation about class action lawsuits in general, and the legal nature of Verant/player obligations in general. The post about a "class action lawsuit" for player addiction was, I assume, intended to be slightly humorous. Nevertheless, it occurs to me that Verant would be vulnerable to possible liability based on its representation that it would cap servers at 1500, if it thereafter allowed servers to hit 1800/2000 and more, if this made the game unplayable. I won't even begin to debate the legal issues involved on a Usenet service, as NOBODY will be able to tell you how the law would come down on this issue absent about $25,000 worth of legal work. Suffice it to say that there is a doctrine of integration in a written contract (meaning when you click the button you give up your right to claim reliance on previous promises not in the actual contractual document) and, on the other hand, several competing principals of equity (i.e. courts will actually give the man in the street a break from a company that promises something and then tries to use a bunch of legal technicalities not to keep its promises). any ideas???
A.A lot of the legal work has already been done. A comp.sys.ibm.pc.games.rpg usenet denizen known by the handle "Bizbee" turned out to be a California Personal Injury Attorney. He filed a lawsuit against Origin over precisely these issues. He could not get class certification. Origin quickly pointed out that anyone dissatisfied could quit, and that almost nobody was quiting. No class certification = no viable lawsuit. A lot of attorney's involved in litigation over subscription telecom services could have warned Bizbee that things were unlikely to turn out well, too. This is why a Usenet discussion is likely to be unfruitful. 1) State law claim, 2) a particular set of facts, 3) a particular judge which is quite importance, considering the extreme discretion afforded to trial judges in class certification decisions. I would agree that there are some very close similarities in the case, but also, this was not an appellate decision afaik and does not have precedential value, even in California.
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