Class Action Status Lost
As you may recall, SEGA and Gearbox Software have been locked in a class action lawsuit over purported false advertising and misleading demonstrations for Aliens: Colonial Marines. Yesterday, Polygon reported that the lawsuit has seem some recent and dramatic new developments. For starters, Gearbox has officially been dropped from the lawsuit, leaving SEGA as its lone target. Additionally, the lawsuit has lost its status as a class action case, which means that it will now only be representative of the two gamers that filed it.
Since the lawsuit was first filed over two years ago, Gearbox has steadily argued that they should not be a named party because they were only contractually involved as developers on the project, and that SEGA essentially controlled the game’s marketing. Though no explicit reason was given in regards to why Gearbox was dropped from the lawsuit, Polygon theorizes that a combination of the loss of class action status and the company’s continued refusal to settle simply forced the plaintiff’s hand.
Renewed settlement discussions between SEGA and the gamers’ attorneys have commenced. How the plaintiffs plan to proceed must be disclosed by June 3rd, and we will provide additional information as it becomes available.