Current Cases

January 6, 2010

Following extensive argument before the Honorable John E. Munter of the Complex Department of the Superior Court of California, County of San Francisco, the Court refused to dismiss a suit against Nestle USA alleging that Nestle USA participated in a conspiracy to fix the price of chocolate products in the United States and Canada. For a transcript of the proceedings and a copy of the order please click here.

A federal judge today allowed a suit by two purchasers of Electronic Arts Madden football videogame to proceed. The suit captioned Pecover v. Electronic Arts alleges that Electronic Arts unlawfully monopolized the market for interactive football videogames. In his opinion rejecting Electronic Arts’ challenges to Plaintiffs’ antitrust claims under California and federal law, Judge Vaughn Walker held that the “theories advanced” by Electronic Arts all “miss their mark.” A copy of the opinion can be found here.

The Paynter Law Firm today filed suit against the NCCA, Electronic Arts and the Collegiate Licensing Company on behalf of Plaintiff Samuel Keller, former Nebraska and ASU quarterback. The suit alleges an unlawful conspiracy to use NCAA player likenesses in videogames produced by Electronic Arts. Filed in the Northern District of California, the case seeks damages on behalf of all NCAA division I football and basketball players whose names and/or likenesses were utilized in Electronic Arts videogames. A copy of the complaint in the action can be found here.

A federal judge today ordered a lawsuit brought on behalf of California consumers remanded to California Superior Court for the County of San Francisco. The remand opinion will permit a California court to address claims that Nestle USA participated in an unlawful conspiracy to fix the price of chocolate products in the United States. A copy of the opinion can be found here.

Lead counsel Hagens Berman Sobol & Shapiro today filed a consolidated master complaint in the In re Lifelock Marketing & Sales Practices Litigation. A copy of the new consolidated complaint can be found here.

Feb. 8, 2010 A federal judge today allowed a suit by former NCAA quarterback Sam Keller to proceed against the NCAA, Electronic Arts and the Collegiate Licensing Company. The suit alleges that the defendants conspired to unlawfully use the name and likenesses of NCAA student athletes in videogames produced by Electronic Arts. In allowing the suit to proceed, the Court expressly rejected claims by Electronic Arts that it had a First Amendment right to utilize player names and likenesses in its videogames. The Court’s decision establishes a strong precedent for athletes and individuals everywhere seeking to prevent corporations and sports leagues from exploiting their names and likenesses for commercial gain. For a copy of the decision, please click here.