ESA requesting $1.1 million reimbursement for attorney fees

The ESA has filed a request with the Supreme Court to order the state of California to reimburse them for legal fees for the recent SCOTUS case. The organization is requesting $1.1 million.

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The high-profile case of Brown v. EMA may be decided, but the Entertainment Software Association (ESA) still has to pay those pesky legal fees. For that, the ESA argues, the state of California should foot the bill to the tune of $1.1 million. The organization announced today that it has filed a request for attorneys' fees with the U.S. Supreme Court.

The ESA's claim is pretty straight-forward, as a snippet of the filing shows: "California persisted in defending a law that Plaintiffs warned the Legislature was unconstitutional before it was passed; that was previously found to be unconstitutional by the district court and a unanimous panel of the Ninth Circuit; and that is similar to at least eight other laws invalidated as unconstitutional prior to the time that California sought certiorari in this case."

It seems like a sound argument, especially since the SCOTUS has already agreed that the law is unconstitutional. Proving that California had ample warning that the law would ultimately be struck down could go a long way in getting the ESA's money back. It certainly wouldn't be unprecedented, as the state of California previously had to pay $282,794 (of the requested $324,840) for attorney fees after the case failed at the state level.

"We look forward to moving forward and working together to raise awareness about the valuable tools and information available to parents," said ESA CEO Michael Gallagher. "From the start of this misguided legislation, then-Governor Schwarzenegger and specific California legislators knew their efforts to censor and restrict expression were, as court after court ruled, unconstitutional and thus a waste of taxpayers' money, government time, and state resources."

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  • reply
    July 25, 2011 11:45 AM

    Steve Watts posted a new article, ESA requesting $1.1 million reimbursement for attorney fees.

    The ESA has filed a request with the Supreme Court to order the state of California to reimburse them for legal fees for the recent SCOTUS case. The organization is requesting $1.1 million.

    • reply
      July 25, 2011 11:51 AM

      Might as well.

    • reply
      July 25, 2011 12:00 PM

      This is one example of the waste of tax-payer money that pisses me off.

    • reply
      July 25, 2011 12:03 PM

      Ahh wasting tax payer money.. the real American way.

    • reply
      July 25, 2011 12:48 PM

      I have a better idea. Remember how publisher CEOs like Kotick and Ricitiello gloated with elation over the decision? Make them pay it.

      • reply
        July 25, 2011 12:49 PM

        Why the hell should they have to pay for the stupidity of California's government?

        • reply
          July 25, 2011 1:42 PM

          Why da hell should California pay for their overpriced lawyers?

          1.1 million, are you kidding me?

          • reply
            July 25, 2011 3:10 PM

            Californians voted in the people that tried to push an unconstitutional law. They own it.

          • reply
            July 25, 2011 3:58 PM

            This law has been in the courts since Dec 2005. How is 1.1 million for five years of work by multiple lawyers overpriced?

        • reply
          July 25, 2011 4:23 PM

          Because Activision paid ZERO in support to the ESA.

          • reply
            July 25, 2011 4:36 PM

            That was my original line of thinking in that half-joking jab (sheesh, can't even use biting cynical humor anymore).

            Besides, I don't think they'll be able to get the State of California to reimburse the legal fees; they'll find a way out somehow.

      • reply
        July 25, 2011 1:02 PM

        archvile post

      • reply
        July 25, 2011 1:07 PM

        They were elated because it was the right decision. All the fees should be reimbursed because it was fucking stupid.

        • reply
          July 25, 2011 4:26 PM

          What fees? The ESA's? The ESA provides a necessary representation for the industry and its membership is voluntary. Activision was very public about their support of the decision, but offered nothing in the form of funds for the case that the ESA brought. It's sad that it had to go so far, and it's sad that California legislature lacks understanding of the US Constitution so thoroughly, but that doesn't mean that the ESA is unworthy of funding. When it goes this far I think they have a lot more justification for their existence, and their fees.

          If you're talking about the ESA's legal fees on the other hand then nevermind, I agree.

      • reply
        July 25, 2011 1:24 PM

        You are not even good at trolling.

      • reply
        July 25, 2011 1:42 PM

        not sure if srs or if just really stupid

        • reply
          July 25, 2011 4:27 PM

          Not sure if you know their company did not participate in assisting the ESA or just really stupid.