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Electronic Arts Motion Denied
Electronic Arts Motion Denied-April 2024
Apr 19, 2025 7:40 PM

  Another step was taken today in the twisting, turning road being blazed by attorney George Schultz in his class action lawsuit against Electronic Arts and Origin Systems Inc.

  In a ruling handed down Friday afternoon at 2pm, Judge Judith McConnell ruled on two motions before her. Most importantly, Judge McConnell denied Electronic Arts' request to have the entire case against it thrown out.

  The ruling today doesn't prevent EA attorneys from filing additional motions to have the case thrown out (lawyers call this a demurrer), and plaintiffs' attorney Schultz told GameSpot News after the ruling that "they can still file motions to dismiss and they probably would." But based on today's ruling, it seems EA attorneys will have to present a different argument should they decide to file additional motions to have the lawsuit dismissed.

  Friday's ruling also addressed the strong language contained in various motions filed in this case that the judge felt was superfluous to the legal issues. Judge McConnell stated, "The parties are cautioned that the court takes allegations regarding breaches of professional ethics quite seriously. If either party has serious questions regarding potentially unethical conduct by the other party, such concerns may be raised formally with the court or with an appropriate professional agency. However, the court will not tolerate casual allegations regarding unethical conduct for the purpose posturing on a motion."

  Based on the EA motion, Schulz was persuaded to drop his and his clients' allegation of negligence. Other claims, including intentional and negligent misrepresentation and breach of contract, remain intact. Schultz has to plead anew his complaint alleging breach of warranties if he wants the court to recognize its validity. He told GameSpot News on Friday he intended to do so.

  "We're really happy with the decision," Schultz said. "The next is we hope the court will certify as a class action." That ruling is scheduled to take place on September 18, 1998.

  If the court certifies the class, the next step will be for the two sides to argue their cases in front of a jury. If the court does not certify this lawsuit as a class action case, Schultz will have to decide if he and his clients want to go it alone - which would result in far lesser damages if the case were to be decided in the plaintiffs', or gamers', favor.

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