Civil suit in Alabama goes forward

Judge refuses to dismiss case made by families of murder victims against companies who made, distributed, or sold Grand Theft Auto.

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The gaming industry faced a setback this week, as a federal judge rejected a motion to dismiss a civil lawsuit brought against Take-Two Interactive and a number of other industry players associated with Grand Theft Auto.

Although the argument that playing Grand Theft Auto III and Grand Theft Auto: Vice City made then-18-year-old Devin Moore kill two police officers and a police dispatcher didn't hold weight in the youth's criminal trial, the victims' families are hoping that the companies they've sued are found responsible in a civil trial.

When Fayette County Circuit Judge James Moore booted Florida attorney Jack Thompson from the case, he did so with an 18-page ruling taking him to task for unprofessional conduct and revoking his temporary license to practice law in the state. His decision not to dismiss the case entirely, now posted at Game Politics, was much more concise.

In a single page, the judge explained his reasons for not dismissing the case. With no evidence presented, a "novel and untested" theory of liability, the possibility that the plaintiffs could prove anything that would entitle to relief, and the state's assumption that alleged facts are true when considering a motion to dismiss, the judge denied the motion.

Judge Moore has not yet set a trial date.

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