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

[CLW]

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'

[DorianDonP]

Quote: Originally Posted by ghettogeeksta

Looks like it was a desperation move by EA.

Not really. These are routine motions.

[LastExit]

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.

[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)

[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.

[Td1984]

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.

[lord_mike]

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.

[buckeyes70087]

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.