Judge rules against EA’s request to dismiss Activision claims, suit goes to trial

Thursday, 22 December 2011 16:52 GMT By Stephany Nunneley

California Superior Court Judge Elihu Berle has dismissed EA’s request to dispel Activision’s $400-million contract-interference claim that the company underhandedly appropriated Infinity Ward heads Jason West and Vince Zampella while still under contract with the publisher.

The Los Angeles judge ruled that Activision had provided sufficient evidence against EA in the suit, and ordered the case be moved to trial.

Back in December 2010 , Activision filed an amended complaint to its $400 million lawsuit against West and Zampella for breach of contract, adding in that EA disengaged the duo after making various overtures since 2009.

Activision claims West and Zampella hired industry firm Creative Artists Agency to seek other employment while still under contract, and were even secretly flown via private jet to San Francisco to attend a barbecue held at EA CEO John Riccietello’s home during August 2009.

The firm also alleges EA had plans in place to finance and co-own a studio from West, Zampella and other employees who left Infinity Ward – a studio the publisher purchased in 2003.

West and Zampella previously filed a $36 million lawsuit against Activision, alleging they were terminated before royalty payments on Modern Warfare 2 could be paid. In June, a court judge ruled that the IW founders had provided sufficient evidence to support their case against Activision, therefore the case will be going to trial.

Via Yahoo Finance.

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