Michigan ordered to pay legal fees in game law case
Judge tells the state it must give more than $180,000 to a trio of industry trade groups to reimburse them for the cost of having a contested law overturned.
Any arcade-goer of the Street Fighter II era will be familiar with the "winner stays, loser pays" rule of thumb, and it's one the Entertainment Software Association has been invoking in its many legal battles every chance it gets.
The ESA--along with the Entertainment Merchants Association and the Michigan Retailers Association--won a court case against the state of Michigan in March, convincing a US district court judge to declare the state's restrictions on selling violent games to minors unconstitutional. As a result, the trio of trade groups sought to make Michigan cough up reimbursements for their legal fees, much as Illinois, Indiana, and Washington were ordered to pay legal fees after their game laws were declared unconstitutional.
Yesterday Judge George Caram Steeh granted the trade groups' motion for reimbursement, ordering the state to pay a total of $182,349.14, according to court records. The trade groups had sought almost $220,000 in attorney's fees, but the judge reduced the award, in part because they reused many of the same arguments and court documents that had been prepared for the Illinois case months earlier.
In response to the ruling, ESA president Douglas Lowenstein chastised legislators for their continued efforts to pass and defend violent game restrictions in a statement.
"States that pass laws regulating video game sales might as well just tell voters they have a new way to throw away their tax dollars on wasteful and pointless political exercises that do nothing to improve the quality of life in the state," Lowenstein said. "In nine out of nine cases in the past six years, judges have struck down these clearly unconstitutional laws, and in each instance ESA has or will recover its legal fees from the states. What's worse, the politicians proposing and voting for these laws know this will be the outcome."
This brings the amount of legal fees states have been ordered to cough up in such cases over the $1.5 million mark. However, not every state has paid up. Illinois was ordered to pay more than $500,000 after its law was overturned (the ESA sought more than $644,000), but the state has yet to deliver the funds, saying it is "actively trying to identify the proper funding source and appropriation for the award amount."
Hot Stories
Newsmakers
-
Biden: No legal problem with taxing violent games
United States Vice President Joe Biden believes there is no legal restriction on ability to tax violent media. Full Story
- Posted May 13, 2013 12:50 pm PT
-
Just Cause dev promises 'holy f**king sh**' moments in future games
Avalanche Studios co-founder says developer's ambition is for action, not moments that make players cry; steampunk-style game on hold. Full Story
- Posted May 15, 2013 6:33 am PT
Featured Stories
-
Bungie shoots down Destiny for PS Vita rumor
Developer confirms image suggesting version of upcoming shared-world shooter in development for Sony's latest portable is a fake. Full Story
- Posted May 16, 2013 5:08 am PT
-
Ubisoft planning to release games more frequently
Assassin's Creed and Far Cry publisher says its network of 26 studios and over 7,000 developers will allow company to ship major franchises more regularly. Full Story
- Posted May 16, 2013 4:42 am PT
-
Metro: Last Light dev responds to workplace conditions claims
4A Games creative director Andrew Prokhorov thanks Jason Rubin for telling the studio's story, but says, "We deserve the ratings we get." Full Story
- Posted May 16, 2013 12:44 pm PT
-
EA opens DICE LA to make Star Wars games
DICE head would also like to poach top talent from rivals Infinity Ward and Treyarch. Full Story
- Posted May 15, 2013 3:28 am PT
-
EA dropping Online Passes - Report
Future EA games won't require Online Passes; the service is being scrapped after tepid player response. Full Story
- Posted May 15, 2013 8:28 pm PT





