But the legal fees have drawn an objection, from a game-player who just happens to be a lawyer as well. Seeking to scuttle the deal is Theodore H. Frank, who directs the Legal Center for the Public Interest at the American Enterprise Institute, where he writes about class actions, liability and other topics.
“There are two possibilities,” Mr. Frank said of the settlement. “Possibility one is they have a meritorious lawsuit and they’re selling out the class for attorneys’ fees. The other possibility is that, and frankly I think this is the more likely possibility, they brought a meritless lawsuit that had no business being brought to court at all.”
(Jonathan Glater, “Hidden Sex Scenes Draw Ho-Hum, Except From Lawyers”, NY Times, Jun. 25). The story will be no surprise to anyone who has been reading Overlawyered: there’s the imbalance between the $26,505 the class got and the $1 million the attorneys are seeking; there’s a marvelous extended quote from the Stanhouse deposition that shows the absurdity of the plaintiffs’ claims. And if you’re interested in why Mr. Lesser’s arguments don’t rationalize his settlement (or preclude me from objecting), see my brief. Other coverage: Kotaku (and don’t miss some great comments); CrunchGear; Gaming Today; lots of others.